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42d Congress, ) HOUSE OF EEPRESENTATIVES. ( Ex. Doc. 
3d Session. ] I No. 91. 




CONDITION OF AFFAIRS IN LOUISIANiC^ 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 



IN ANSWER TO 



A resolution of the House, of December 10 lust, relative to the condition 

of affairs in Louisiana,^ .) r, c,|.(. ' ^/ c "V • 1 



January 13, 1873. — Eeferrod to the Comuiittee on the Judiciary aud ordered to !)♦■ 
1~ _ \ printed. 



To the House of Representatives of the United States : 

In answer to the resolution of the House of Representatives, of the 
ICth of December last, calling' for informatioTi i-elative :jc^ J,h3.c0ii*ii!;i,db. 
of afl'airs in Louisiana, and what, if any., action, hascbe^itfckksn in re- 
gard thereto, I herewith transmit the report of the Attorney-General 
and the papers by which it is accompanieii." : , ' ; ', i. > ,' ' ^ . ' '•'' 

Washington, January 13, 1873. 



IX. "C). Department of Justice, 

Washington, January 13, 1873. 

The Attorney-General, to whom was referred the resolution of the 
House of Representatives of which the following is a copy — 

^^ Resolved, That the President is hereby requested, if not in his judg- 
ment incomi)atible with the public interest, to communicate to this House 
such information as he may have relative to the condition of affairs in 
Louisiana, and what, if any, action he has taken withregardthereto" — 
Has the honor to report that a great number of oral communications 
have been made to him in respect to the condition of affairs in said 
State, the substance of which appears in the accompanying papers, whicli 
also show the action of the President upon the subject. 

Respectfully submitted . 

GEO. H. WILLIAMS. 

The President. 



CONDITION OF AFFAIRS IN LOUISIANA. 
Indosures. 



iX^^ 



A. ^lisoellaneous papers. 

B. ^Memorial of citizens protesting against recognition of present State 
government. 

C. Answer to memorial. 

D. Addresses of both parties. 

E. Proceedings in State courts. 

F. Proceedings in United States courts. 



Exhibit A. 
MISCELLANEOUS PAPERS. 

Letter of United Glides Commissioner Jewett to the Attorney-General. 

MiNDEN, Webster Parish, Louisiana, 

November 11, 1872. 

Dear Sir : Presuming that the circumstances attending the hite 
election in Louisiana will attract the attention of the Cabinet and of 
Congress, I wish to call attention to the fact that the K. K. K. has been 
perfectly re-organized in this part of the country ; that its aims are the 
same as in 1868, and that the means by which it purposes to attain them 
are the same. 

In all this portion of Northern Louisiana the Klan, acting ostensibly 
AS coustalnilary, under the commission of Governor Warmoth, carried 
■'tW GTection. t)y pjire anelJop6n force. No disguise was attempted or 
deeiiiecl •necesstiry. In< MJl the parishes many outrages were committed 
before election — in all but this parish on the day of election. In all 
"■tiireais and intithjdation \^ere extensively used, and in Jackson Parish 
'Colonel All6';i; Greene an^. his son were shot at the i^olls for the high 
oft'ense of attempting to vote the national republican ticket. In this 
parish one negro has been murdered since election, and the house of one 
white republican was attacked and tired into on Saturday niglit last. I 
ought to issue warrants for the arrest of numerous parties against whom 
I hold aiWdavits, and have been requested to enforce the law. Were I 
to attempt doing what is my sworn duty, it would be the signal for the 
death of myself and of every white republican in this and neighboring 
parishes. The people of Webster and Bossier Parishes openly boast 
that the Army of the United States cannot enforce the acts of Congress 
in these parishes. This is of coarse i)ure gasconade, but after earnest 
deliberation I have felt it my duty to call upon United States Marshal 
Packard to put at the disposal of myself and Judge L. W. Baker, 
United States commissioner residing in Bossier, two hundred troops, for 
the enforcement of tlie law and the protection of our suffering and out- 
raged people. This number will, I think, suttice, and witli them I 
pledge the enforcement of the acts of Congress. I am not certain, how- 
ever, that Mr. Packard has a snllicient number of troops at his disposal. 
Please interestj yourself, my dear sir. I feel certain, as an old ofhcer of 
his Potomac army, tliat my old comnmnder will not suffer a United 
States magistrate to call upon him twice for means to enforce the laws, 
to perform the sworn duties of his office, and to protect the people, out- 



CONDITION OF AFFAIRS IX LOUISIANA. 6 

raged and suffering for their loyalty, who turn to him for aid and pro- 
tection. 

Very truly, your obedient servant, 

D. G. M. A. JEWETT, 

United States (Jommissioner. 
Hon. G. H. Williams, 

Attovney- General, Waslihujton, I). C. 



[Telegram.] 



New Orleans, November IG, 1872. 
Attorney-General George H. Williams: 

Eequisition was made by chief supervisor for troops and referred to 
General Emory to learn desire of Government. State court enjoined 
Warmoth's new canvassing board, but disregarded. United States cir- 
cuit court has to-di;y restrained Warmoth and his canvassing board 
from canvassing vote i)ending trial of rule for injunction fixed for 
Tuesday. Enforcement law has been defied by over half W^armoth's 
election officers. United States commissioner has already issued war- 
rants for manv of them, which have been executed. 

S. B. PACKAED, 

United States Marshal. 



Letter of Hon. William P. Kellogg to Attorney- General. 

New Orleans, November 27, 1872. 

Dear Sir: In view of the fiict that complications may arise at no 
remote period when you may be called upon to advise the President re- 
garding matters here, I have thought it best to make a brief statement 
of the condition of affairs. 

Under the election law of the State controlling the last election, the 
governor appoints all the supervisors of registration upon the nomina- 
tion of the State supervisors of registration. In many of the parishes 
some of the worst characters were ap[)ointed. In several the appoint- 
ees were sent from the city of New Orleans. 

In some eleven or twelve parishes a new registration was ordered, on 
the grounds that the geographical limits of the parishes had been 
changed. In two or three others a new registration was ordered, on the 
pretense that the old registration-lists had been lost or destroyed. This 
was notably the case in East Baton Rouge, where we are entitled to a 
majority of twelve or fourteen hundred. Here the books were last seen 
in the clerk's office, but were spirited away and a new registration or- 
dered, resulting in the registration of all the whites and the non-regis- 
tration of at least one-half the blacks. Here every principle of justice 
was openly set at defiance by a notorious and irresponsible character 
who was appointed supervisor. 

Discoveiiug that in most of the parishes where a new registration 
was ordered every effort was being put forth to prevent our i)eople from 
obtaining registration, we i)rocured to be printed large numbers of the 
affidavits inclosed and marked A. 

At a later i)eriod of the canvass, and for the purpose of giving our 
people who were registered aiul who might be refused the right to vote, 



4 CONDITION OF AFFAIKS IN LOUISIANA. 

Ave caused to bo [niiited lar^'e nninbers of tlie affidavits, also inclosed, 
marked B, both of which were scattered in large nninbers through the 
ditieicnt parishes of tln^ State. 

Tlie chief supervisors of the State sent instructions, marked confideu- 
tial, a few days before t}\e election, to the different supervisors of the 
city and State, a coi)y of whicli 1 also inclose, marked C I inclose, also, 
an opinion of the United States tlistrict attorney, and of the attorney- 
general of the State regarding these instructions, marked J). 

The State law provides that the suj)ervisor of registration in each 
l)arish and the State su])ervisor in this i)arish of Orleans may designate 
the sni)ervisors of election. It also provides that he may designate the 
number of i)olling-])laces to be opened for the accommodation of voters 
in tile parish or ward. In the city the j)olling-i)laces were not pub- 
lished until Sunday morning, the day before the election, and then a 
comi)]ete list was not published, several new polls being opened on 
."Monday niorning, of which our fiiends were ignorant, and at which they 
were, consecjuently, unable to jilace supervisors until late in the day. 

In the parisiu^s a deliberate plan was entered into by the supervisors 
by which few i)olling-places were designated, and those at remote points, 
but where the whites could more easily reach them. For instance, in the 
parish of Natchitoches, where we are entitled to 1,800 majority under a 
fair registration, and where, under the new registration, we were en- 
abled, by our colored and Avhite republicans persistently following the 
registrar from day to day, to register a snihcient number to have given 
us eight huiulred or a thousand maj(nity; the supervisor of registration 
designated only four })olls; one in the town of Natchitoches, one in the 
extreme south portion of the parish, and one in the northeast portion 
of the parish, and one in the northwest portion. The two last-named 
were at abnost inaccessible points; one among the pine-hills, as they 
were termed, and the other upon an island surrounded by lakes and 
bayous. No notice whatever was given of these p()lling-])laces to the 
republicans, until the morning of election. In the town of Nachitoches, 
where only oiu» i)oll was opened, and where the blacks for a radius of 
eight or ten miles congregated, believing that, of course, there would be 
polls there, when the polls closed, live hundred and eighty republicans, 
nearly every one colored, were in lim^, with the ballots and their regis- 
tration-papers in their hands, struggling to get an opportunity to vote, 
which was denied them by the closing of the poll. These men, together 
Avith some eight or nine hundred others, in the same parish, all made 
atidavit in accordance with the forms inclosed, and Avhicli are now filed 
in the circuit court. 

A similar course was pursued in Kapides and other ])arishes. In 
Kapides we are entitled to at least tifteen hundred majority. In other 
j)arislies, like ('addo, where we were entitled to at least ten or twelve 
liuiidred majority, the ballot-boxes from two or three remote jxdls were 
<Mi(irely replaced by boxes prepared with stuffed tickets. All this is 
sus(;ei)tible of i)roof. 

I omitted to uiention that, under the law, all boxes are to be brought 
from the different polls in the parish to the office of the supervisor of 
registration, which is usually the court-house. In this city all the boxes 
Avere carried by the State supervisor of registration to the Mechanics' 
Institute, which he designated as his oflice, and where the counting of 
A'otes was continued for nearly two weeks, amid a constant struggle on 
the i)art of the Federal supervisors, appointed in the iuterests of the 
rci)ublican party, and also on the part of the reform party of this city, 
with the State supervisors, who on their side, day after day and night 



CONDITION OF AFFAIRS IN LOUISIANA. 5 

after night, did their utmost, by substituting ballots, by false counts, 
and by every conceivable maneuver to prevent a fair count. Any 
amonnt of conclusive evidence can be procured to show -all this, and to 
show, fnrtliermore, that some twenty-five or twenty-six ballot-boxes 
were stuffed in this city on the day of election before they reached the 
Mechanics' lustitute. 

In one case in the parish of Jefferson, at Camp Parapet, a suburb of 
the city, at a certain poll, there were nearlj five hundred republican 
votes cast and only twenty democratic. The commissioners refused to 
allow the United States supervisors to remain in sight of the box ; and 
when the box reached the court-house, a distance of five or six miles, it 
was found that another box had been substituted for the one in which 
the votes had been cast, and that there were only two republican votes 
in the box. This fraud was so a])parent that even the Shite supervisor 
himself acknowledges it. Still these votes W'Cre counted and returned. 
This case can be shown so conclusively that indeed no one denies it; 
but it has heretofore been treated by those w'ho perpetrated the fraud 
as a good joke. I could give you many instances of this kind. 

In the parish of Madison, opposite Vicksburgh, the supervisor who 
wus sent from this city, a miserable character, refused to count but a 
small portion of the vote, destroyed all the ballots, and ran across into 
Mississippi to Vicksburgh, took the cars to this city, making out his 
returns liere, giving Grant and myself about four iumdred majority, 
Avhen we can prove by hundreds of witnesses, w'hite and black, that we 
received at least fifteen hundred majority of the actual votes polled .on 
the day of election. 

The registration law of the State under which the election was held 
provides for a board of canvassers, consisting of the governor, the lieu- 
tenant-governor, the secretary of state, and the members of the state 
senate, John Lynch and S. C. Anderson. 

Notwithstanding all these frauds some of the largely republican par- 
ishes, giving very heavy majorities for the republican ticket, and Gen- 
eral Grant and myself running far ahead of our ticket in the city, it be- 
came evident that we would have a reported majority should the board 
of canvassers be disposed to give us a fair canvass, as John Lyiu^h and 
the secretar}' of state. General Herron, were northern men and republi- 
cans, and as the lieutenant-governor, Mr. Pinchback, and Mr. Ander- 
son were disqualified, by reason of being candidates, consequently the 
governor took measures to break up this board. The details of his ac- 
tion in this respect you are probably familiar with ; if not some of our 
members of Congress who have just left for Washington will post you 
fully. 

This movement of Warmoth's was followed up by his commissioning 
several of the candidates for judgeships in the city of New Orleans and 
forcibly ejecting the sitting judges from the bench, all this before the 
result of the official canvass had been declared. The supreme court of 
the State has since refused to recognize any of the commissions so issued. 
The election law of the State i)r()vides that any vacancy occurring in 
the board of canvassers may be filled by the nuijority of tlie remaining 
members. On the discpndification of Pinchback, and Anderson Lynch, 
and Heron, two out of the three remaining members filled the va(;ancies 
by ai)pointing Judge Jacob Hawkins and General James Longstreet. 

Governor Warmoth meanwhile formed a board ot his own, and the case 
was carried into the eighth district court, a court having exclusive juris- 
diction of such cases in the i)arish of Orleans. By this court (previous 
to the forcible removal of district judges as above mentioned) Governor 



6 CONDITION OF AFFAIRS IN LOUISIANA. 

Warniotli and liis board of canvassers were enjoined and the injnnctiou 
made perpetnal. An application for an injunction against tlie regular 
board applied for by Governor \\'ariiiotli before the same court was 
refused. 

Immediately after the rendering of these decisions Governor War- 
moth a[)proved a bill passed by the last legislature shortly before their 
adjournment, ami which has been in his hamls ever since, providing for 
a canvassing board of the same nnmberof i)ersons as formerly, but pro- 
viding that they shall be elected by the senate. 

While these things were transpiring it became evident that the re- 
turns were being held back in the country, and the majorities in some 
of the democratic parishes increased over the amount first authentically 
reported by both our own supervisors and the State supervisor ; that 
returns whi(;h had come in from several of the parishes were being 
mutilated and changed, and upon application made by me to the United 
States circuit court, an injunction was issued. I inclose herewith a 
coi)y of the bill, marked E. This application is being now elaborately 
argued before the court, and I am of opinion that the court will main- 
tain its jurisdiction. So audacious and tiagrant have been the means 
resorted to within the last few days by Governor Warmoth, (and which 
are in great i)art kept from the northern i)ublic by reason of the demo- 
cratic proclivities of the agent of the associated press, and the peculiar 
relations of most of the newspa])er correspondents with the governor.) 
that I should not be surprised to see the supreme court of the State, 
which is known to sympathize with us, antl which has incidentally 
passed upon the legality of our returning-board and the illegality of the 
action of Warmoth in issuing commissions before the result of the elec- 
tion is declared according to law, ejected from their seats by force, not- 
withstanding that the constitution provides they can only be lemoved 
by imi)eachment. 

In the mean time Governor Warmoth has called an extra session of the 
legislature, and it is believed by many for the purpose of having the 
result of the recent election declared in favor of the democratic ])arty, 
the suiirenu'judges inii)eached, (unless previously forcibly removed,) and 
measures taken to stamp out the last vestige of re[)ublicanism in the 
State; thus effecting what I, in common with many of those who have 
heretofore been Warmoth's liiin friends, believe to have been his delib- 
erate intention for nuu'e than two years. 

Should the United States circuit court, in passing upon the question 
of contemi)t of its orders by Governor Warmoth, which is carried along 
with the main case, decide against him, and should it further issue its 
mandates in aid of what we believe to be the jight in the controversy, 
the following amy result : 

Our returning-board being held as the legal returning-board, and as 
in nowise att'ectted by the inomulgation of the recent election bill, may 
make the returns reipiired by law, which will show the reimblican State 
ticket elected, and a republican majority in the legislature: anil on the 
0th of December, when the legislature convened by Governor Warmoth 
meets in extra session, a contiict may ensue. 

I have thought it best to make a statenu'ut of the facts, so that you 
may be advised in any contingency likely to arise. 

I ought to mention that the supreme court will next ^Monday pass 
upon the case of Bovee, ejected, over a year ago, from the oflice of 
secretary of state, by Go\'ernor Warmoth, without any legal right or 
showing. They will reinstate him in the otiice to which he was elected 
by the people, and from which he was illegally displaced by Governor 



CONDITION OF AFFAIRS IN LOUISIANA. 7 

Warmoth. Uiidei- the State election law the returns of the canvassing 
board come to the secretary of state, and be makes a return of the 
members elected to the legislature to the secretary of the senate and 
the clerk of the house, who are both republicans. You will at once ap- 
preciate the full effect of this point. 

It is impossible to state, at this time, to what extent there may be 
danger of collision, but, if it should be api)arent that a confli(;t will re- 
sult, it seems to me that General Emory should be instructed to exer- 
cise a discretion in having troops in the vicinity of the capitol on that 
day. 

I can readily understand the delicacy of the President's position in 
this matter; but it must not be forgotten that this is a systematic and 
organized attempt to destroy the republican party in this State, to out- 
rage every principle of justice, to override all constitutional and legal 
restraints, and to inaugurate a condition of things that will Jeopardize 
the peace of the community and the security, hereafter, of the black as 
well as the white republicans of the city and State. 

I say to you franklj^ that this fight is extremely distasteful to me, and 
1 would be glad to get rid of the whole matter, but I feel bound, in the 
position in which I find myself, to do all I can to avert a condition of 
things such as will inevitably follow the accession of the democratic 
party to power in this St!ate. 

I, therefore, respectfully suggest that General Emory, who, I think, 
appreciates the necessity and sympathizes with the republican party 
here, be instructed to comply with any requisition that the United States 
courts may make upon him in support of its mandates and to preserve 
the peace. As at present advised, 1 think General Emorj" understands 
that he is to use the troops in no contingency without instructions from 
Washington. 

I have dictated this communication very hurriedly, but although dis- 
connected it may give you, together with the exhibits I inclose here- 
with, a tolerably correct idea of the situation of affairs here. 

Should Mr. William E. Chandler or our members of the lower House 
call ui)on you regarding these matters, I wish you would confer with 
them as fully as you conveniently cm. 

In conclusion, let me say that, should the United States courts hold 
with us, and if I can count upon the co-operation and sympathy of the 
Federal Government, as far as it can be consistently given in aid of 
its firm and devoted friends in this State, who have done all they could 
to carry the State, and have really carried it by a large majority against 
organized fraud, the State may be saved to the republican party for the 
future; and I believe that under its auspices the State will become 
peaceful and prosperous, and no longer be a standing disgrace to the 
party and the people at large. 
Very trulv, yours, 

WM. P. KELLOGG. 

Hon. Geo. H. Williams, 

Attorney- General United States. 



A. 

State of Louisiana, 

Parish of East Baton Eourje : 

On the day of October, 1872, I, Orauge Smith, presented myself at the office of 

T. S. Brady, supervisor of registration for the parish' of East Baton Rouge, located at 
court-honse, in said parish, of the opening and establishment of which notice had 



8 CONDITION OF AFFAIRS IN LOUISIANA. 

becu given by the said ofldcer, aud during the legally established office hours, and 
oifered and was prepared to perform all acts and to take all oaths by the laws made 
prerequisite to entitle me to registration as a voter, and Avas wrongfully prevented 
from obtaining registration by said supervisor of registration, because 

[Note. — Here insert cause. If admitted to the office aud refused, state so. If the otKce was clo.sed or 
the applicant could not obtain admission for any other cause, state so. J 

I further state that I am a citizen of the State, and for more than ten days a resident 
of the said pariah of East Baton Rouge, aud am in all things lawfully qualified and 
entitled to vote in said iiarish. 

liis 
ORANGE + SMITH, 
mark. 
Signed and sworn to in presence of — 
A. R. Holt. 
Felix Bekiiel. 

Subscribed and sworn to this Oth day of November, 1872, before me. 

GEORGE P. DAVIS, 

Parish Judge. 

Parish of East Baton Rouge, 

November 9, 1872. 
I hereby certify that , who has executed the foregoing affidavit, pre- 
sented himself at the office of the supervisor of registration for the said parish of , 

us stated in said affidavit, and claimed the right to register, as stated, aud was wrong- 
fully ])reveuted from obtaining registi'ation, asset forth by him in said aflidavit. 

And I further certify that under the laws of this State and the United States he was 
and is entitled to registration. 

W. G. LANE, 
United States Superi'isor of Election for said Parish. 



State OF LoiisuNA, 

Parish of East Baton Eougc : 

On the fourth day of November, 1872,1, Orange Smith, a duly qualified voter in the 
parish of East Baton Rouge, presented myself at the i)olling-place, located at the 
court-house in said ])ari.sh, wliieh had been designated Ijy the supervisor of registra- 
tion as a poll, aud claimed the riglit to vote upon the foregoing evidence of having 
offered to do all acts prerequisite to entitle me to register as a voter in said parish, 
aud of having been refused, denied, or unable to obtain registration bj' T. S. Brady, 
supervisor of registration. 

I further state that I offered to the commissioner of election at said poll for deposit 
in tlie ballot-box the ballot hereunto attached, and said commissioner refused to re- 
ceive said ballot, and illegally aud wrongfully prevented the ballot attached from be- 
ing iilaced in the ballot-box aud counted, to the denial of my right as a citizen and 
legal voter. I further demand under the provisions of the act of Congress entitled 
"An act to enforce tlie rights of citizens of the United States to vote in the several 
States of this Union, and for other purposes,'" a))proved May 31,*1870, that my ballot 
be counted and returned for the several candidates named thereon, as iirovided bv said 
act. 

REGULAR NATIONAL REPUBLICAN TICKEl. 

For President— General U. S. Graut. 
For Vice-President — Henry Wilson. 

presidential electors. 

At large — M. F. Bonzauo, Jules Lanal)ere, Charles E. Halstead. 

First district, L. C. Roudanez ; second district, A. K. Johnson ; third district, Milton 
Morris; fourth district, Joseph Taylor ; fifth district, John Ray. 

state ticket. 

Election, Xovcmbcr 4, 1872. 

For governor — William Pitt Kellogg. 
For lieutenant-governor — C. C. Antoine. 



CONDITION OF AFFAIRS IN I.OUISIANA. i) 

For auditor of piihlie accounts — Charles Clinton. 

Secretary of state— F. G. Deslonde. 

Attorney-general — A. P. Field. 

Superintendent of i)nblic education — W. G. Brown. 

Confjress at large — P. B. S. Pincliback. 

For forty-third Congresi^—C. B. Darrull. 

For judge fifth judicial district — R. T. Posey. 

For district attorney fifth judicial district— B. E. Chaney. 

PARISH TICKET KAST BATON ROUGE. 

For^ senator VSth senatorial district — J. Heuri Burch. 

House of representatives — C. W. Bryant, Augustus Williams, J. P. Wilson. 

Parish judye — George P. Davis. 

Recorder — Alexander Smith. 

Sherijf—Gnstare LeBlanc. 

Cleric of court — Felix Berhel. , 

Coroner — Benjamin Morgan. 

Police jurors— heon Gaste, William Hickman, R. T. Young, O. H. Formau, Andrew 
Harrigan. 

Justice of the peace — 1st ward, Norman L. Underhill ; 2d ward, Charles Doyle ; 3d 

ward, ; 4th ward, Robert Mouson ; 5th ward, A. Rayburu ; 6th ward, 

; 7th ward, R. Young; 8th ward, Charles Spears ; 9th ward, Valcour An- 
derson ; tOth ward, ; 11th ward, E. J. Stillman ; 12th ward, Alex. Rid- 
ley. 

Constable — 1st ward, Jules Collins ; 2d ward, Alex. Gilbert; 3d ward, 

4th ward, James Hall ; 5th ward, Paris Triplett ; 6th ward, ; 7th ward 

Philip Barrow; 8th ward, William Spears; 9th ward, Mourton Mitchell; 10th ward, 

; 11th ward, Thomas Montgomery ; 12th ward^ Charles Newman. 

his 

ORANGE + SMITH, 
mark 
A. R. Holt, 
Felix Berhel. 

Subscribed and sworn to this 9th day of November. 1872, before me, 

GEORGE P. DAVIS, 

Parish Judge. 

Parish f>F East Baton Rouge, 

Noremher — , 1872. 
I certify that I was at the polling-place above mentioned on the day of election 

November 4, 1872, and that the statement of , above subscribed to, is true 

in every particular. 

United States Sujierrisor of Election at said Poll. 



AN ACT to enforce the citizens of the Uuited States to vote in the several States of this Union, and 
for other purposes. — Approved May 31, 1870. 

* # * # * ^ * 

Section 3. That whenever, by or under the anthority of the constitution or laws of 
any State, or the laws of any Territory, an act is or shall be required to be done by 
any citizen as prerequisite to qualify or entitle him to vote, the ofter of any such citi- 
zen to perform the act reqiiircd to be done as aforesaid shall, if it fail to be carried 
into execution by reason of the wrongful act or omission aforesaid of the person or 
officer charged with the duty of receiving or permitting such performance or offer to 
perform, or acting thereon, be deemed and held as a performance in law of such act; 
and the person so offering and failing as aforesaid, and lieing otherwise qualified, shall 
be entitled to vote in th(! same manner and to the same extent as if he had in fact per- 
formed such act ; and any .judge, inspector or other officer of election, whose duty it is 
or shall be to receive, count, certify, register, report, or give effect to the vote of any 
such citizen, who shall wrongfully refuse or omit to receive, count, certify, register, 
report, or give effect to the vote of such citizen, upon the presentation by him of his 
affidavit, stating such offer and the time and place thereof, and the name of the officer 
or person whose duty it was to act theriion, and that he was wrongfully prevented by 
such person or officer from performing such act, shall, for any such offense forfeit and 
pay the sum of |i500 to the person aggrieved therebj', to be recovered by an action 
ou the case,, with full costs and such allowance for counsel fees as the court shall deem 



10 ■ CONDITION OF AFFA1K8 IN LOUISIANA, 

just, and shall also, for every such offense, be" <riiilty of a misdeineauor, and shall, ou 
conviction thereof, be fined not less than S'jOO, or be imprisoned not less than one 
mouth and not more than one year, or both, at the discretion of the court. 

* * » * vf * * 

Skctiox 8. That the district courts of the United States, within their respective 
districts, shall have, exclusively of the courts of the several States, cognizance of all 
crimes anil offenses committed against the ))rovisious of this act, and also concurrently 
Avith the circuit courts of the United States, of all causes, civil and criminal, arising 
under this act, excejit as herein otherwise ju'ovided, and the jurisdiction hereby con- 
ferred shall be exercised in conformity with the laws and i)ractice governing United 
States courts; and all crimes and offenses committed against the provisions of this act 
may be i)rosecuted by the indictment of a grand jury, or iu cases of crimes and offenses 
not infamous, the prosecution may be either by indictment or inforuuition tiled by the, 
district attorney in a court having jurisdiction. 

Section 23. That whenever any person shall be defeated or deprived of his election 
to anf office, exeept elector of President or Vice-President, Representative or Delegate 
iu Congress, or member of a State legislature, by reason of the denial to any citizen or 
citizens who shall offer to vote, of the right to vote, on account of race, color, or pre- 
vious condition of servitude, his right to hold and enjoy such oftice, and the emolu- 
ments thereof, shall not be impaired by such denial, and such person may bring any 
ap))ropiiate suit or ])roceediug to recover possession of such office, and iu cases where 
it sliall ajjpear tliat the sole (luestiou touching the title to such oflice arises oiit of the 
denial of the riglit to vote to citizens who so offered to vote ou account of race, color, 
or previous condition of servitude, such suit or proceedings m.iy be instituted iu the 
circuit or district court of the United States of the circuit or district in which such 
person resides. And said circuit or district court shall havi^ concurrently with the 
State courts, jurisdiction thereof so far as to determine the rights of the parties to such 
office by reason of the denial of the right guaranteed by the XVth article of amend- 
ment of the Constitution of the United States and secured by this Jict. 



Statk of Loui.si.vn.v, 

Pnrhh of Eaut Bafoii ItOiu/e : 

On the fourth day of November, 1872, I, Adam Anderson, a duly ([ualified voter iu 
the parish of East Baton Kouge, first ward, presented myself at the polling-place, loca- 
ted at court-house in said parish, which had been designated by the supervi.sor of reg- 
istration as a poll, and claimed the right to \ote; that I exhibited to the commissioner 
of election at said poll a certificate of registration furnished me during the registration 
of 1870, a copy of which is attached, showing me to be entitled to vote in the afore- 
said parish. I was not allowed to vote because I did not have one of T. B. Brady's 
registration papers. 

I furtlier state that I offered to the commissioners of election at said poll for deposit 
in the ballot-box tlie ballot hereunto attached, and said commissioners refused to re- 
ceive said ballot, and illegally and wrongfully prevented the ballot attached from 
being i)laced in the ballot-box and counted, to the denial of my rights as a citizen and 
legal voter. I further demand, under the provisions of the act of Congress entitled 
"An act to enforce the rights of citizens of the United States to vote in the several 
States of this Union, and for other puri)oses," approved May 31, 1870, that my ballot be 
counted and returned for the several candidates named thereon, as provided by said 
act. 

REGULAR NATIONAL REPUBLICAN TICKET. 

For President — General U. S. Grant. 
For Vicf-Prcsidvut — Henry Wilson. 

PRESIDKXTIAL ELECTORS. 

At large — M. F. Bonzano, Jules Lanabere, Charles E. Halstead. 

First district, L. C. Roiidanez; second district, A. K. Johnson; third district, Milton 
Morris ; fourth district, Joseph Taylor ; fifth district, John Ray. 

STATE TICKET. 

Election, yovembcr 4, 1872. 

For f/ovo'nor — William Pitt Kellogg. 
Lieutenant-governor— C. C. Autoiue. 



CONDITION OF AFFAIRS IN LOUISIANA. ' 11 

For nitditor of piihllc ncconuts — Charles Clinton. 

Sccictarij of 8t<itv—P. G. Di'slondo. 

Aiiomefi-qcncnd — A. P. P^ield. 

.Superintendent of pnhlic education — W. G. Brown. 

Conf)rCHff,(it lar()e — P. B. S. Pinchback. . 

For Fortij-ihini Conf/ress — C. B. Dariall. 

For Judge fifth Judicial district— 11. T. Posey. 

For distrie't attorney fifth Judicial district — B. E. Chant-y. 

PAIUSII TICKKT — EAST UATOX ROUGE. 

For senator thirteenth senatorial district — J. Henri Bnrcli. 

House of represenlatires—C W. Bryant, Auj^ustus Williams, .J. P. Wilson. 

Parish Judi/e — Gc(>rj;c P. Davis. 

Recorder — Alexander Smith.. 

Sheriff — Gnstave LeBlanc. 

Clerk of court — Felix Berhel. 

Coroner — Benjamin Moi'gan. 

Police Jurors — Leon Gaste, Wm. Hickman, E. T. Yonnjj, O. H. Foreman, Andrew 
Harrigan. 

Justice of the peace — First ward, Norman L. Underhill; second ward, Charles Doyle; 

third ward, ; fourth ward, Robert Monson ; fifth ward, A. Rayburn ; 

sixth ward, ; seventh ward, R.Young; eighth ward, Charles Spears; 

ninth ward, Valcour Anderson; tenth ward, ; eleventh ward, E.J. Still- 
man; twelfth ward, Alexander Ridley. 

Constable — First ward, Jules Collins; second ward, Alexander Gilbert; third ward, 
fourth ward, James Hall ; fifth ward, Paris Triplett ; sixth M'ard, 



; seventh ward, Philip Barrow; eighth ward, William Spears; ninth ward, 

Mourton Mitchell; tenth ward, ; eleventh ward, Thomas Montgomery ; 

twelfth ward, Charles Newman. 

A. ANDERSON. 
A. R. H01.T. 
Felix Berhel. 
Subscribed and sworn to, this 13th dav of November, 1872, before me. 

GEO. P. DAVIS, 

Parish Judge. 

Parish of East Baton Rouge, 

November 4, 1872. 
I certify that I was at the polling-place above mentioned on the day of election, 

November 4, 1872, and that the statement of , above subscribed to, is true 

in every particular. 

WM. G. LANE, 
United States Supervisor of Election at said Poll. 



[Original No. 3141.1 

United States of America, State of Louisiana, 

Parish of Fast Baton Rouge, ss : 
This is to certify, that Adam Aliderson, a native of the United States, and a citizen 
of Louisiana, was duly registered upon his personal application, by the undersigned 
supervisor of registration of the parish of East Baton Rouge, as a resident of the 1st 
police jury ward of said parish, on the 6th day of September, anno Domini 1870. 

JOHN S CHAPMAN, 
Supervisor of Rigistration fcr the Parish of East Baton Rouge. 



United States of America, 

State of Louisiana : 

(In the election precinct of the parish of East Baton Rouge.) 

Be it remembered that on the 6th day of September, in the year 1870, personally 
came before the supervisor of registration of said parish Adam Anderson, who being 
duly sworn, (affirmed,) doth dej)ose and say as follows, to wit: 

My name is Adam Anderson, I was born in Mississippi in the year 1830, mj' occupa- 



12 . CONDITION OF AFFAIRS IN LOUISIANA. 

tioii is a blacksmith, and I reside at city Batou Rouge. I am a citizen of Louisiana, 

and have been residing in this State ever since the day of , 1851. I am now 

claiming to be registered in the election precinct of the parish of East Batou Rouge, in 
which I now reside. I h;ive no other place of residence and I did not remove to the 
said election precinct for the purpose of voting therein, but for the purpose; of making 
it niv place of residence in pursuance of mv lawful calling. 

A. ANDERSON. 

Sworn and subscribed to, this 6th day of September, A. D. 1870, before me. 

JOHN S. CHAPMAN, 
Sitpervinor of Bef/iati-ation for Ihc Parish of East Baton Bougc. 



C. 

I'rirate instructions of B. P. Blanchard, State supervisor of registration for Louisiana, issued 
a few days iefore the election. 

Mr. , su2iervi8or of registration, parish of : 

Sik: You will please direct commissioner of election to receive no votes upon the 
affidavits supjilied by the radical party under the enforcement acts, unless the person 
applying or offering to vote is known bj' them to have been wrongfully refused regis- 
tration. 

Respectfully, 

B. P. BLANCHARD, 
State Begistrar of Voters. 
P. S. — In case of rejection of any vote upon such affidavit, call upon respectable gen- 
tlemen present at the polls as witnesses. 

[Confidential.] 

Mr. , supervisor of registration, parish of : 

In addition to the instructions contained in circular No. 8 from this office, you are 
instructed : 

I. In counting the ballots after the election, count first the rotes cast for Presidential 
electors and membersof Congress, keeping separate tally-lists on the form (No. 1) provided 
for that i)nri)Ose, and making up and completing the statement of voters for each poll. 
upon form No. 1 ; then close the box, reseal it, and proceed in a similar manner, until 
all the national vote has been counted. Then proceed with the counting of the State 
and parish votes, bearing in mind the fact that the United States supervisors of election 
and deputy nuirshals hare no right whatever to scruti)tize, inspect, or be present at the count- 
ing of the State and parish rotes. 

II. As soon as the count in each case is completed telegraph the result to this office at 
once ; should there be no telegraph office at the court-house, dispatch a messenger by 
the quickest route to the nearest telegraph station. 

III. The stationery, »S;c., furnished for each parish is to be equally distributed among 
all the polling places, and at least owe copy of the election laws must be furnished to 
each poll. 

Respectfully, 

B. P. BLANCHARD, 
State Bcgistrar of Voters. 



D. 

OiriCK CHIKK Sci^KHA-ISOU OF ElKCTIOX.s. DISTUICT of LOII.SIANA, 

Xew Orleans, October 30, 1872. 
Sii: : The following opinion of J. R. Beekwith, esq., United States attorney, district 
of Louisiana, as to your jiowers and duties as supervisor of election, is transmitted to 
you for your information and guidance. 
Very respectfully, 
[sEAi;.] ■ F. A. WOOLFLEY, 

Chief Supervisor of Elections. 

To , Esij., 

United States Sujjcrvisor of Elections. 



CONDITION OF AFFAIRS IN LOUISIANA. 13 

United Statks Attoiixey's Office, District ov Louisiana, 

New Orleans, October 30, 187"i. 
Sir: In i'ei)ly to your request, that I give uiy opinion as to the extent of the duties 
required of the supervisors of election appointed under tlie provisions of the act of 
Congress, approved February 28, 1871, entitled "An act to amend an act to enforce the. 
' rights of citizens of tlie United States to vote in the several States of this Union, and 
for otiier ]>ui poses," and the act of Congress extending the provisions of the act, and 
whether at the impending election it is tlu> right and duty of such supervisors to be 
present and in attendance at the polls, and to remain where the ballot-boxes are kept, 
at all times after th(ii)olls are open until all of th<i votes east at said election are counted 
and tlie reiiuired return and certiiicate are nmde, I have the honor to state, that tht; 
acts of Congress referred to are enacted to curry out the Fifteenth Amendme.ut of the 
Constitution of the United States, and that the fifth section of the act of Februarj' 28, 
1871, is perfectly clear and unambiguous in its deduction of the duties of supervisors 
of election. They are " to be and remain where the ballot-boxes are kept, at all times, 
after tlie polls are o[)en nntil each and every vote cast at said time and place shall be, 
cast, .s7(«// he conntcd, and the eniirass of all voles polled be whollij completed and the proper 
and requifiitc eerlifieafe or retinii made, whether said certificate or return be required under auff 
law of the Ihiited States, or ani/ State, territorial or municipal law.''' 

It cannot be doubted that the duty of the supervisors extends to the inspection of 
the entire election from its commencement until the decision of its results. If the United 
States statutes were less explicit, there still could lie no doubt of the duty and authority 
of the supervisor to inspect and canvass everi/ vote cast for each and erery candidate, State, 
parochial and federal, as the law of the State neither provi<les nor allows any separation 
of the election for representatives in Congress, &c., from the election of State and par- 
ish officers. The election is in law a single election, and the power of inspection vested 
by law in the supervisors appointed by the court extends to the entire election, a full 
knowledge of which may well become necessary to defeat fraud. 
I remain, respectfully, 

J. E. BECKWITH, 
United States Attorney. 
F. A. Woolfley, Esq., 

Chief Supervisor. 

Office ATioRNEY-GENEiiAL, State op Louisiana, 

Xew Orleans, October 30, 1872. 
I have examined <the question covered in the above opinion, and concur fully in the 
views expressed by United States District-Attorney Beckwith. 

S. BELDEN, 
Attorney- General of Louisiana. 



Depautment op Justice, 
December 3, 1872. 

S. P. Packard, Esq., 

United States Marshal, N'ew Orleans, Louisiana : 
You are to enforce the decrees ami inaiulates of the United States 
courts, no matter by wlioni resisted, and Ueneral Emory will furnish you 
with all necessary troops for that i)uri)ose. 

GEO. H. WILLIAMS, 

Attorney- General. 



New Orleans, December G, 1871.*. 
President Grant : 

Marshal Packard took possession of State-house this morning at an early 
hour with military [)Osse, in obedience to a mandate of circuit court, to 
prevent illegal assemblage of persons under guise of authority of War- 
moth's returning-board in violation of injuiuition of circuit court. De- 
cree of court just rendered declares Warmoth's returning board illegal 
and orders the returns of the election to be forthwith placed before the 



14 CONDITION OF AFFAIRS IX LOUISIANA. 

lej^al board. This board will probably soon declare the result of the 
election of officers of State and legislature, which will meet in State- 
house with protection of court. The decree was sweeping in its provis- 
ions, and if enforced will save the republican majority and give Lou- 
isiana a rei)ublican legislature and State government, and check War- 
moth in his usurpations. Warmoth's democratic supporters are 
becoming disgusted with him. and charging that his usurpations are 
ruining their cause. 

JAS. F. CASEY. 



[Telegram.] 



New Orleans, December G, 1872. 
Attorney-General Williams, Wmhington^ D. G. : 

Keturning board provided by election of seventy uiuler which election 
was held and which United States court sustains, promulgated in official 
Journal this morning result of election of legislature: House stands 
seventy-seven republicans, thirty-two democratic ; senate twenty-eight 
republicans, eight democratic. Board counted ballots attached to affi- 
davits of colored persons wrongi'uUy prevented from voting, filed with 
chief supervisor. 

S. B. PA(3KAKD, 

United iStates Marshal. 



[Telegram.] 

New Orleans, December 9, 1872. 
Hon. Geo. H. Williams, 

Attorney-General, Washinf/ton, D. C: 
Returning-board has officially promulgated in official journal this 
morning the result of the election for State officers. Kellogg's majority 
eighteen thousand eight hundred and sixtv-onc 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 

New Orleans, December 9, 1872. 
Hon. Geo. H. Williams, 

Attorney- General, Washington, D. C: 
Lieutenant-Governor Pinchback qualified and took possession of the 
governor's office to-night. Senate organized as high court of impeach- 
ment. Chief Justice Ladling presiding, and adjourned to meet Monday 
next. It is believed that all the denjocrats, members of general assem- 
bly, will qualify and take seats to-morrow. 

S. B. PACKARD, 

United States 2larshal. 



CONDITION OF AFFAIRS IN LOUISIANA. 15 

[Telegiaiu.] 

New Orleans, Louisiana, 

December 9, 1872. 
Hou. Geo. H. Williams, Attorney-General : 

Senate, by vote of seventeen to iive, have resolved into high court of 
impeachment. Senator Harris elected president of the senate, Lieu- 
tenant- Governor Pinchback being now governor. 

S. B. PACKARD, 

United ^State.^ Marshal. 



[Telegram.] 



New Orleans, December 10, 1872. 
Hon. Geo. H. Williams, Attorney- General: 

Senate and house met in joint session as provided by constitution 
and counted vote for governor and lieutenant-governor ; Kellogg and An- 
toine decided elected. 

S. B. PACKAED, 

United States Marshal. 



[Telegram.] 



New Orleans, Louisiana, 

December 9, 1872, 
Hon. Geo. H. Williams, Attorney- General United States : 

General as.sembly returned by legal board is now organized at State- 
house. Senate has present twenty republicans, eight democrats; house 
fifty republicans and fourteen democrats ; about half Warmoth's mem- 
bers participating. State supreme court has sent Ehnore, Warmoth's 
usurping judge of the eighth district court, to jail ten days for con- 
tempt, and his clerk five days, and fifty dollars each. All quiet. 

S. B. PACKARD, 

United States A[arshal. 



[Telegram.] 



New Orleans, December 9, 1872. 
Hon. Geo. H. Williams, Attorney- General : 

Governor Warmoth has been impeached by vote of fifty-eight to six, 
Warmoth's legishiture returned by his board has made no pretense of 
a session. 

S. B. PACKAED, 

United States Marshal. 



IG CONDITION OF AFFAIRS IN LOUISIANA. 

[Telegram. J 

Xew Orleans, December 9, 1872. 
President Grant : 

Helving" taken the oath of office and being in the possession of the 
gubernatoi-ial office, it devolves upon me to uige the necessity of a 
favorable consideration of the request of the general assembly as con- 
veyed in tlie concurrent resolution of this day telegraphed to you re- 
questing the protection of the United States Cxovernmeut. Be pleased 
to send the necessary orders to General Emory. This seems to me a 
necessary measure of precaution although all is quiet here. 

P. B. S. PIKCHBACK, 
Lieutenant- Gove) )iory Acting Governor of Louisiana. 



[Telegram.] 



^STew Orleans, December 9, 1872. 
We have the honor to transmit to your Excellency the following con- 
current resohition of both bouses of the general assembly and to request 
an early reply: 

Whereas the general assembly is now convened, in compliance with the call of the 
governor, and certain evil-disposed persons are reported to be forming combinations to 
distnrb the public peace, defy the lawful authoritj', and the State is threatened with 
violence : Therefore, 

Be it rcHolvcd hi/ the senate and house of representatives of the State of Louisiana in gen- 
eral assemhiij convened, That the President of the United States be requested to aftbrd 
the protection guaranteed each State by the Constitution of the United States when 
threatened with domestic violence, andthat the i^residing officers of the general assem- 
bly transmit this resolution immediately, by telegraph or otherwise, to the President 
of the L'nited States. 

Adopted in general assembly convened this 9th day of December, A. D. 1872. 

P.' B. S. PINCHBACK, 
Lieutenant-Governor, and President of the Senate. 
CHAS. W. LOWELL, 

Spealcer of the House of Representatives. 



[Telegram.] 

Xeav Orleans, December 10, 1872. 
President U. S. Grant, Washitu/ton, D. C. : 

Pursuant to adverti-sement, democratic indignation meeting was held 
at noon. Intlammatory api)eals were made in circulars, and incendiary 
language used by some of the speakers, but I do not regard any out- 
break imminent. That my course is approved by the vast majority of the 
honest citizens is bevond doubt. 

P. B. S. PINCHBACK, 
Lieutenant Governor, Acting GoiH'rnor. 



CONDITION OF AFFAIRS IN LOUISIANA. 17 

[Telegram.] 

New Orleans, December 11, ISTi', 
Hon. Geo. H. Williams, 

Attorney -General, WasJnngton, D. C\: 
The Warmoth legislature are now in session at the city-hall, in defi- 
ance of the restraining order of the court. 

S. B. PACKAED, 

United States Marshal. 



[Telegram.] 

ISTew Orleans, Bcccmler 11, 1872. 
Hon. Geo. H. Williams, 

Attorney- General, Washington, I). C: 
Condition of affiiirs disturbed. Warmoth, although impeached and 
suspended, has issued a proclamation against Governor Pinchback and 
the legislature, likely to cause a collision, unless prompt action is takeu 
by the Government. The question is now political, with no doubt as to 
the executive status, of Governor Pinchback and the legislature con- 
vened last Monday, and now in session at the State-house. 

J. R. BECKWITH, 
United States Attorney. 



[Telegram.] 

New Orleans, December 11, 1872. 
Hon, G. H. Williams, 

Attorney-General, Washington, D. C: 
Evening Times of Saturday gives names of seventy-four pretended 
senators in Warmoth's senate. At its organization at city-hall, to-day, 
six out of that number were not present, but falsely reported so. Eleven, 
out of the twenty-four were returned defeated by the returning-board, 
leaving only seven bona fide senators, democrats and liberals, actually 
present sitting as a quorum of the thirty-six senators of Louisiana. 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 

New Orleans, December 11, 1872. 
lion. Geo. H. Williams, 

Attorney- General, Washington, D. G.: 
Warmoth has just issued two proclamations, published in Extra 
Times : one declaring legislation of State-house illegal, and warning all 
oificers to resist, and that he will resist its authority with all the power 
of the State; the other declaring the city-hall to be the State-house, 
where he says he will discharge the duties of governor. The pretended 
H. Ex. 91 2 



18 CONDITION OF AFFAIRS IX LOUISIANA. 

members of legislature returned by Warmoth's cauvassiug board are 
now in session at citv-ball. Warmoth's message is being- read. 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 



New Orleans, Deeemher 11, 1872. 

The PRESIDENT OF THE UNITED STATES: 

Under an order from the judge of the United States district court, 
investing- James Long-street, Jacob Hawkins, and others, with the 
powers and duties of returniug-oiMcers under State election law, and 
charging them with the dutT'of completing the legal returns and de- 
claring the result in accordance therewith, those persons have i)romul- 
gated results based upon no returns whatever, and no evidence except 
ex-parte statements. They liave constructed a pretended general 
assembly, composed mainly of candidates defeated at the election, and 
those candidates j)rotected by United States military forces have taken 
p : ssession of the State-house, and have organized a pretended legislature, 
^vhich, to-day, has passed pretended articles of impeachment against 
the governor; in pursuance of which, the person claiming- to be a lieu- 
tenant-governor, but whose term had expired, proclaimed himself act- 
ing' governor, broke into the executive office under the protection of 
United States soldiers, and took possession of the archives. In the 
mean time the general assembly has met at the city-hall, and organized 
for business with sixtj- members in the house and twenty-one in the 
senate, being more than a quorum of both bodies. I ask and believe 
that no violent action be taken, and no force used by the Government, 
at least until the supreme court shall have passed final judgment on 
the case. A full statement of the facts will be laid before you and the 
Congress in a few davs. * 

H. C. WAEMOTH, 

Governor of Louhlana. 



Department of Justic e, 

December 11, 1872. 
P. B. S. Vi^QimkQK, Aetbuj Governor of Louisiana : 

Eequisition of legislature transmitted by you is received. Whenever 
it becomes necessary in the judgment of the President, the State will 
be protected from domestic violence. 

GEO. II. WILLI A:\rs, 

Attorney -General. 



[Telegram.] 



IsEW Orleans, Louisiana, December 11, 1872.. 
Hon. Geo. A. 'Wii.i.ik.-yi^, Attorney-General : 

I have the honor to acknowledge the receipt of your dispatch. May 
I suggest that the commanding general be authorized to furnish troops 
upon my requisition upon him for the protection of the legislature and 



co>;Drnox of affairs n<f Louisiana. 19 

tbe gubernatorial office. Tlie moral eftect would be great, and iu my 
judgment tend greatly to allay any trouble likely to grow out of tbe 
recent inrtannuatory proclamation of Warmoth. I beg you to believe 
that I will act in all things with discretion. 

r. B. S. PINCHBACK, 
Lieutenant- Governor, Actin<j Governor. 



[Tuiegram.] 

ISTew Orleans, Decemher 11, 1872. 
President Grant : 

Parties interested in the success of democratic party, particularly 
the ISTew Orleans Times, are making desperate efforts to array the 
people against us. Old citizens are dragooned into an opposition they 
do not feel, and pressure is hourly growing; our members arie poor 
and adversaries are rich, and offers are made that are difficult for them 
to withstand. There is danger that the}- will break our quorum. The 
delay iu placing troops at disposal of Governor Pinchback, in accord- 
ance with joint resolutiou of Monday, is disheartening our friends and 
cheering our enemies. If requisition of legislature is complied with, all 
difficulty will be dissipated, the party saved, and everything go on. 
smoothly. If this is done, the tide will be turned at once iu our favor. 
The real niulerl^lng sentiment is with us, if it can but be encouraged, 
Governor Pinchback, acting with great discretion, as is the legislature, 
and thev will so continue. 

JAS. F. CASEY, 

Collector. 



[Telegram.] 



Xew Orleans, 11, 1S72. 



non. Geo. Williams: 

If President in some way indicate recognition. Governor Pinchback 
and legislature would settle everything. Our friends here acting dis- 
creetlv. 

W. P. KELLOGG. 



[Telegram.] 

New Orleans, 11th, 1872. 
President Grant : 

Democratic members of legislature taking their seats. Most, if not 
all, will so iu next few days. Important that you immediately recog- 
nize Governor Piuchback's legislature in some manner, either by in- 
structing General Emory to comply with any requisition by Governor 
Pinchback, under joint resolutiou of legislature of Monday, or other- 
wise. This would quiet matters much. I earnestly urge this and ask- a 
reply. 

JAMES F. CASEY. 



20 CONDITION OF AFFAIRS IN LOUISIANA. 

[Telegram.] 

New Orleans, Decemhcr 11, 1872. 
President Grant : 

Warmotli has issued a proclaiuation declariiif^ that his legislature 
has assembled in city-hall. Not any of the regular republican members 
Tvere present. In order to make a question in senate, he published the 
names of four regular republican senators as being present, but were 
in regular legislature at capitol. His legislature is composed mainly of 
persons never returned as elected. There is danger of a collision, which 
can be avoided and quiet restored, by an immediate compliance with re- 
(luisition of regular legivSlature made to you on Monday. Governor 
Pinchback has received no response to this requisition, which has 
encouraged Warmoth to believe that it has been denied. "\Ve earnestly 
request that, in view of the impending danger of collision, that the re- 
quisition be complied with. There is a quorum of both houses of regu- 
lar legislature now in session at capitol. 

WM. P. KELLOGG. 
JAS. F. CASEY. 



[Telegram.] 

New Orleans, December 12, 1872. 
President Grant: 

The condition of affairs in this: The United States circuit court has 
decided which is the legal board of canvassers. Upon the basis of that 
decision a legislature has been organized in strict conformity with the 
laws of the State, Warmoth impeached, and thus Pinchback, as provided 
by the constitution, became acting governor. The chief justice of the su- 
preme court organized the senate into a court of impeachment, and 
Associate Justice Tallifeiro administered oath to Governor Pinchback. 
The legislature, fully organized, has proceeded in regular routine of busi- 
ness since Moiiday. Notwithstanding this, Warmoth has organized a 
pretended legislature, and it is proceeding with pretended legislature. 
A conflict between these two organizations may at any time occur. A 
conflict may occur at any hour, and in my opinion there is no safety for 
the legal government, without the federal troops are given in compliance 
with the requisition of the legislature. The supreme court is known to 
be in sympathy with the republican State government. If a decided 
recognition of Governor Pinchback and the legal legislature were nnide, 
in my Judgment it would settle the whole nuxtter. General Longstreet 
has been appointed, by Governor Pinchback, as adjutant-general of State 
militia. 

JAMES F. CASEY. 



[Telegram.] 

New Orleans, l'2th, 1872. 
President U. S. Grant : 

.lu view of the fact that H. C. Warmoth, assuming to act as governor 
after having been inipeached and suspended from liisoftice of governor 
in strict compliance with the court and laws of this State, has issued a 
proclamation declaring himself as still governor of the State, and has 



p 



CONDITION OF AFFAIRS IN LOUISIANA. 21 

assumed- to convene an illegal body of men styling- themselves a legisla- 
ture, thus endangering the public peace and trauquilit}^, and threatening- 
domestic violence, I respectfully request that the commanding oflicer 
of this department be instructed, in compliance with the requisition of 
the legislature, to aid and assist me in maintaining the public peace and 
protection and sustaining the legal State government. 

P. B. S. PINOHBACK, 

Acting governor of Louis i una. 



[Telegram.] 

jS"ew Orleans, December 12, 1872. 
His Excellency IT. S. Grant, 

President of the United States : 
Sir : As chairman ot a comuiittee of citizens appointed under author- 
ity of a mass-meeting recently held in this city, I am instructed to in- 
form you that said committee is about leaving here for Washington to 
lay before you and the Congress of the United States the facts of the 
political difliculties at present existing in this State, and further earnest- 
ly to request you to delay executive action on the premises until after 
the arrival and hearing of said committee, which is composed of business 
and professional men without regard to past jiolitical afiflliations. 

THOMAS A. ADAMS, 

Chairman. 



[Telegram.] ' 

jS'eav Orleans, Beeemher 13, 1872. 

His Excellency *U. S. Grant, 

President of United States : 
' The following memorial, already signed by ns, is being circulated 
among our people, irrespective of color and politics, for general signa- 
ture, and will be presented to your excellency and Congress by a large 
committee of citizens delegated to visit Washington for this purpose. 
We earnestly renew our request made in dispatch of yesterday by our 
chairman, Thomas A. Adams, for suspension of executive action until 
said committee shall have laid before you this memorial and many 
other facts of the situation. 



MEMORIAL. 

To the Pre^^ideiit and Congress of the United States : 

This memorial of citizens of the State of Louisiana represents that at the election 
lield under the laws of the State, on the 4th day of November last, .lohn McEnery was 
elected governor, Davidson B. Peun lieutenant-governor, James Graham auditor, 
Samuel Armstead secretary of state, H. N. Ogdeu attorney-general, and R. M. Lusher 
superintendent of public education, by large majorities of from seven to twelve 
thousand votes. There were 128,402 votes cast, besides the votes of Saint James and 
Saint Tammany, from which no returns have been received. The members of the 
house of representatives and a portion of the senators of the general assembly were 
also elected. The election was orderly and undisturbed by tumult or riot of any kind. 
When the fact of the result of the election had become apparent, William Pitt Kel- 



22 CONDITION OF AFFAIRS IN LOFISIANA. 

log*;, now a lueialjer of the Senate of the United States, and not eligible to" the office 
of governor under the constitution of the State, commenced a suit in chancery in the 
circuit court of the United States against the governor of State, a number of persons 
engaged in examining and ascertaining the individuals chosen at election, and his 
opponent, as defendant, upon the pretext that he was apprehensive that the governor 
and other officers would miscount the votes returned, mutilate or destroy the- evidence 
of the election, and by this method his ojjponent would be declared to be governor 
instead of himself, and that he Avould not have proper testimony to sustain a contest 
under the twenty-third section of the act of Congress of the :Ust of May, 1870, which. 
Le supposed furnished himself with a cause and a tribunal to recover that office. 

AVe charire that the suit was commenced and conducted in bad faith, for the scope 
and aim of the restraining order, injunctions, and other proceedings have but little 
relevancy to the preservation and iierpetuation of testimony in a possible suit, but 
have had a direct intluence and ojieration upon transactions outside of the court. It 
may fairly be concluded that the object of the suit, of the orders and decrees in it, 
lias been to embarrass, entangle, and to disorganize the lawful administrators of the 
State government in order that a board of usurpers might take possession and control 
it for their own emolument and advantage, and the eft'ect has been to mnke a revolu- 
tion in the State government under the process of the courts and with the assistance 
of the Army of the United States, contrary to the law and the votes of the people at 
the election. The suit in the circuit cotirt of the United States is commenced by a 
citizen of the State of Louisiana against the governor of the State and several officers 
and citizens of the State, to divest them, under color of au injunction and perform- 
ance of an administrative function. The professed object of this citizen is to secure 
a conservation of testimony to aid him in as.serting a possible claim to au office 
in the State, which he thinks he may perhaps have. The courts of the 
irnited States have no jurisdiction of controversies between citizens of the 
same State, except in a very few well-defined cases. There is no act 
of Congress that authorizes a citizen of a State to bring a suit against 
citizens of the same State to perpetuate or preserve testimony in any 
case of this kind. There is no law of the United States that authorizes a citizen of a 
State to bring a bill against the governor and other returning-otlicers of a State to 
control them in the performance of their official duty. The whole principle and struc- 
ture of the Government of the United States, State aud Federal, oppose the conclusion 
that a State administration can be dragged into the courts of the United States by the 
citizens of the same State. In reference to any matter of municipal alministration, no 
section of the act of 31st May, lr>7(i,' lends the least countenance to the association of 
jurisdiction in such a case, or to the high-handed orders that appear in it. The peace 
ami dignity of the State have been prostrated by a successful eflbrt to overturn the 
administration of the State under the command (combined?) operations of the Army 
of the United States and the circuit court of the United States, and a usurping and un- 
constitutional administration has been placed in its stead. The course of this insurrec- 
tion has been rapid and successful. The duties of governor of the State are now per- , 
formed by a person calling himself acting governor. Under the constitution of Louis- 
iana the office of governor aud lieutenant-governor are tilled by the people at an elec- 
tion. In case of a vacancy in these offices for any cause, another officer is designated 
by the laws to supply this place. This acting officer is either the presiding officer of 
the senate, or, in some contingency, the speaker of the house of representatives. The 
acting governor is not a senator or member of the house of representatives, and was 
not when he assumed to act as governor, and has not been .since the 4th day of No- 
vember last. The condition indispensable to a capacity to act as governor does not 
exist; he is a mere usurper aud instrument to accomplish the revolution commenced 
by judiciary process and enforced by armed soldiers. The legislature acting with this 
usurping governor comes together without legal evidence of any authority, and have 
commenced operations by abolishing courts that are filled by men elected by the peo- 
ple in November by overwhelming majorities; and in place of these courts a new 
court is provided, whose judge and clerk is to be nominated by this acting governor 
and his senate and connnand. (?) It is nut snriirising that a wide-spread feeling of 
indignation, disgust, and distaste prevails at these extraordinary proceedings. They 
are without parallel in annals of the United States. They betoken a spirit of malice 
and mischief, a determination to prostrate all tlie bulwarks of law and of social order, 
under the guise and cover of judiciary action, to secure ends purely selfish and per- 
sonal. They manifest a contempt for the institutions of the countrj', the peace of 
society, thefguarantees of life, liberty, and of property, tliat has created alarm and 
insecurity. The undersigned have been tilled with amazement, and apprehension that 
the guilty authors of the measures can have (the) least encouragement or support 
from the President or Congress of tlie United States. We, as citizens of the State of 
Louisiana, and as having no party associations to disturb our judgment, and impressed 
with the conviction that the evils under which the State has sutfered from misgov- 
crnment will be aggravated by the tlagraut violations of law aud right for ends per- 



CONDITION OF AFFAIKS IN LOUISIANA. 



23 



sonal, do respectfully ask that in this exigency the a«iSOciate justice of the Uuitecl 
States assigned to this judicial circuit, and the judge of the circuit court of the United 
States for this circuit, may take charge of the judicial administration of the circuit 
court : that the employment of the Army of the United States in the civil administra- 
tion of this State be discontinued until the peace of the State shall be disturbed; and, 
liuallyj that the President and the Congress refrain from giving encouragement, coun - 
tenance, or authoritj^ to any new government or officer until their title be validly 
ascertained and determined. 

Chas. Fitz. .J. T. Noyes. 

Chas. E. Feuner. Ed. Taty. 

H. Freslzeu. C. M. Wilcox. 

L. H. Gardner. W. G. Wheeler. 

L. F. Genes. 15. T. Walsh. 

A. B. Griswold. N. D. Walco. 

T. Hunt. David Wallace. 

S. Horneshnu. Douglass West. 

P. Irwin. J. H. Eglesby. 

S. H. Kenuedv. H. V. Ogden. 

Carl John. " W. S. Pike. 

S. Katz. Jno. Phelps. 

D. C. Labatt. .Jno. Potts. 

Chas. Latltte.' H. M. Payne. 

Eichard Lloyd. J. F. Pollock. 

C. J. Leeds. P. Pamsiue. 

Jno. AV. Labonisse. A. Easin. 

Hugh McCloskey. H. Eenshaw. 

Victor Meyer. J. PI. Stauffer. 

A. Miltenberger. E. H. Summers. 

G. W. Nott. Henry Shepperd. 

W. B. Schmidt. 

W. C. Thompkins. 



Thos. A. Adams. 

J. B. Bell. 

.Jas. Bowling. 

Chas. Briggs. 

Alex. Brothers. 

G. M. Bayley. 

Albert Baldwin. 

Aug. Bohu. 

A. Chappell. 

A. Charles Cavaros. 

Jno. Chaff. 

J. S. Capes. 

H. W. Conner. 

J. A. Campbell. 

Loyd E. Coleman. 

H. Dudley Coleman. 

J. J. Dav. 

Geo. W. Dunbar. 

E. M. Davis. 

A. M. Fortier. 

P. Fonschey. 

.Tno. Faubank. 

Geo. A. Fasdick. 



[Telegram.] 



DEPART3IENT OF JUSTICE. 

Bjcember 12, 1872. 
Acting Governor Pinciiback, 

Keiv Orleans, Louisiana : 
Let it be understood tliat you fire recognized by the President as tlie 
lawful executive of Louisiana, and that the body assembled at Me- 
chauics' Institute as the lawful legislature of the State, and it is 
suggested that you make proclamation to that effect, and also that all 
necessary assistance will be given to you and the legislature herein 
recognized to protect the State from disorder and violence. 

GEO. H. WILLIAMS, 

Aitorncy-Oeneral. 



[Telegram.] 



Hon. John McEneey, 



Depaetment of Justice, 

Decemher 13, 1872. 



Xciv Orleans, Louisiana : 
Your visit with a hundred citizens will be unavailing so far as the 
President is concerned. His decision is made and will not be changed, 
and the sooner it is acquiesced in the sooner good order and j)eace will 
be restored. 

GEO. H. WILLIAMS, 

Attorney-General. 



24 CONDITION OF AFFAIRS IX LOUISIANA. 

[Telegram.] 

New Orleans, December 13, 1872. 
Hon. Geo. H. Williams, 

Attorney-General United States : 
The entire republican party of this State thank the President and 
yourself for action of yesterday in recognizing the legal and constitu- 
tional State government. This action has prevented the consummation 
of the most barefaced and outrageous election frauds. Every indica- 
tion points to quiet and good order. The bogus legislature of AVar- 
moth has adjourned sine die. Police reported last night to Governor 
Pinchback. 

WM. P. KELLOGG. 

C. B. DUEELL. 

B. F. FLANDERS. 

CHAS. CLINTON. 

JAS. F. CASEY. 

E. C. BILLINGS. 

JNO. KAY, and many others. 



[Telegram.] 

New Orleans, December 13, 1872. 
Hon Georgh H. Williams : 
Warmoth's pretended legislature has adjourned sine die. 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 

New Orleans, 12th, 1872. 

His Excellency U. S. Grant, 

President United States : 
Claiming to be governor-elect of this State, I beg you, in the name of 
all justice, to suspend recognition of either of the dual governments now 
in operation here, until there can be laid before you all facts, and both 
sides, touching legitimacy of either government. The people denying 
the legitimacy of Pinchback government and its legislature, simply ask 
to be heard, through committee of many of our best citizens on eve of 
departure for AVashington, before you recognize the one or the other of 
said governments. I do not believe we will be condemned before we 
are fully heard. 

JNO. McENERY. 



[Telegram.] 

New Orleans, December 14, 1872. 
President U. S. Grant, ^yashington, D. C. : 

Louisiana field artillery, four Napoleon guns, two companies infantry, 
armed with W^inchester rifles, numbering fiv^e hundred men, nearly all 



CONDITION OF xVFFAIRS IN LOUISIANA. 25 

the militia force acting under the command of H. C. Warmoth, stationed 
in the State armory, with arms loaded, are in open mutiny and disobe- 
dience of the civil and military authorities of the State government. 
They have been repeatedly commanded to lay down their arms. A large 
armed police force, under the command of General A. S. Badger, of 
the State militia, has been ordered to take the position. General Badger 
reports the i>osition too strong for his force ; they ofter to surrender to 
any United States military force. I have sent a copy of the dispatch 
from the Attorney-General, dated the 12th instant, to the commanding 
general of this department, calling upon him for a military force, for 
the puri)ose of suppressing this mutiny. He has refused to comply with 
my demand, and alleges a want of proper authority in the premises. I 
would respectfully request, in compliance with the requisition of the 
legislature, that you place a military force at my disposal, in order to 
enable me to suppress this armed revolt and execute the laws. 

P. B. S. PINCHBAOK. 
Lieutenant-Governor ^ Acting Governor Louisiana. 



[Telegram.] 



New Orleans, December 13, 1872. 
Adjutant-General U. S. A., Washioigton : 

There is imminent danger of immediate conflict between two armed 
bodies of men of some considerable numbers, one body of State militia, 
representing Governor Warmoth, holding an arsenal ; the other an 
armed body of police, representing Governor Pinchback. I have 
been appealed to to interfere. Shall I do so ; and if I interfere, to which 
party shall the arsenal be delivered? The i^arties are face to face 
with arms in their hands. I beg an immediate answer. I sent an officer 
to try what can be done by persuasion to suspend the conflict until an 
answer can be received. There will be no resistance to the Federal 
forces. 

W. H. EMORY, 

Colonel Commanding. 



[Telegram.] 

Washington, December 14, 1872. 
General W. H. Emory, U. S. A., 

Commanding New Orleans^ Louisiana : 
You may use all necessary force to preserve the peace, and will recog- 
nize the authority of Governor Pinchback. 
By order of the President. 

E. D. TOWNSEND, 

Adjutant- General. 



26 COXDITIOX OF AFFAIRS IN LOUISIANA. 

[Telegram.] 

Xew OeleAXS, BecciiiLcr li, LSTi:, 
To the Adjutant-General U. S. A. : 

On the receipt of your telegram last night, au officer was sent to the 
coDtesting i)arties to ask the evacuation of the arseual and the disper- 
sion of tbe armed forces. The demand was promptly complied with and 
the arseual turned over to the Slate authorities this morning. Every- 



thing now is quiet. 



W. H. EMORY, 

Colonel Commanding, Brevet Major- General. 



Letter from Hon. C. B. Darrall to the Attorney-General. 

Xew Orleans, Louisiana, 

December 14, 1S72. 

My Dear Sir : As I am detained here by sickness in my family, I 
have thought best to write you, giving briefly some facts and ideas in 
regard to our difficulties in this State. I would inform you first that so 
far as my district is concerned, I am not personally interested, as I am 
returned by both "NVarmoth's and Lynch's board by over six thousand 
majority; so I think I can speak without prejudice. 

Our whole trouble has arisen from Governor AVarmoth's effort to turn 
over the State to the democrats, through the use of the State election 
law. And now a few facts from my own district to this point . In the 
parish of Baton Eouge, where the colored are as four to one, the State 
register started out by refusing to register unless they came a ternately 
one white and one colored, and as tlie colored were so largely in majority 
they must wait for a white man to come ; often as many as a hundred 
colored men were waiting at once. This course he piu'sued during the 
whole registration, and by this means nearly two thousand colored men 
were prevented registering in the one parish. 

And again, in my own i>arish of Saint Mary, the State register was a 
candidate for the State senate. lie gave no notice of the places 
where he would register, denied colored men on all kind of pretexts, 
appointed all the commissioners from democrats; and when he came to 
count the State ticket, he counted with bolted doors, and only returned 
about one hundred majority for that ticket, when I had for Congress 
about five hundred — my vote being counted openly in the presence of 
United States inspectors; and we all knew the State ticket ran the 
same as the national and congressional. This, and even worse, was the 
condition in all the country parishes, except some few where the regis- 
ters would not do such dirty work, and there our vote shows large in- 
crease. 

Xow a word as to the committee of citizens who left here for Wash- 
ing4:ou to-night. .3Iany of them are wortby men, but they are all resi- 
dents of this city, where the returns are substantially the same by both 
boards. They will represent that they have been wronged, and all that ; 
but in fact the frauds were perpetrated iu country parishes that these 
worthy men knew nothing about, and that we can substantiate by 
thousands of witnesses. 

I would say, in conclusion, then, and 1 think with no partisan view, 
that you and the President have been right iu your action so far in re- 



CONDITION OF AFFAIRS IN LOUISIANA. 27 

gard to our coinplicatious. Aud tlie best you can do for this committee 
who will visit you is to ask tliem to return Lome and look at the evi- 
dence we have of these frauds. We can abundantly satisfy them. 
Very respectfullv, &e., 

C. E. DAREALL. 
Hod. GeokCtE Willia:ms, 

Attorney-General^ Washington, D. C. 



Letter from H. X. Ogden, attorney-general of Louisiana, to the Attorney- 
General of the United States. 

Washington City, Deccmher 14, 1S72. 
My Dear Sir : I beg leave to submit through you to the President 
the following points : 

I. The action of the Executive in recognizing the assemblage at Me- 
chanics' Institute, in Xew Orleans, as the legislature of Louisiana, and 
P. B. S. Pinchback as acting governor, was certainly premature. Pinch- 
back was never lieutenant-governor of tbe State, and his term as a sena- 
tor expired under the constitution of that State on the Ith day of Xovem- 
ber last. The assemblage at Mechanics' Institute was notoriously re- 
tiirned and seated by a deputy United States marshal under the order 
of an inferior Federal court. This fact can be ascertained by reference 
to the papers filed by me in the Supreme Court of the United States in 
the matter of ej^'jxfrfe Warmoth applying for a writ of prohibition. 
These are circumstances of which the Government miist take notice. 

II. Without discussing who was or who was not elected, I respectfully 
suggest that before the President undertook to settle the controversy 
and to pledge the great powers of his office to either side, much delibera- 
tion and a full hearing should have been accorded. The election was 
the most quiet and orderly ever held in the State. Not a s^'mptom of 
riotous disposition, not even a personal quarrel or encounter connected 
with politics reported by the police authorities in any direction. The 
machinery of the State government was in i^erfect order after the elec- 
tion, and entirely competent to manage its own affairs, and with courts of 
justice ready to protect the rights of every citizen. By a sudden action 
of an inferior Federal court, which was absolutely eoram nonjudice, the 
State governmeut is completely overset, the State-house seized, and a 
government erected whose officers the people have never chosen. It 
cannot, sir, have escaped your attention that in pursuing this course a 
Federal court has been enabled by the assistance of the Army of the 
United States to subvert a State government, and to construct one in its 
place, for it is well known that the board of returning officers recog- 
nized by Judge Dureil has not acted \\\)on the sworn returns of the 
regular election officers of the State, from which alone they could have, 
under the law, declared the result, but profess to have been guided by 
the returns of United States inspectors, officers entirely unknown to the 
laws of Louisiana. So that the case stands plainly thus : A Federal 
jndge, absolutely without Jurisdiction, seizes a State-house and seats a 
legislature, the members of which have no other claim to their seats than 
the fiiuling of a returning-board, whose sole authoritj' is the recognition 
of this usurping Federal court, and Mhich professes to act solely upon 
the statements or returns made by certain United States officers, who 
are entirely unknown to the laws of Louisiana. These are facts known 



28 CONDITION OF AFFAIRS IN LOUISIANA. 

BOW by every iiitelligeut man in this country, and, of coarse, not bid 
from the Chief Mao;istrate. The legish\tare thus assembled is the one 
recognized by the Executive of this great nation, and you telegraph, 
upou his authority, to our j)eople commanding them to submit. If they 
were an uncivilized people accustomed to the shackles of a despotism, 
that submission which you command would be an easy matter, but, sir, 
they are Americans like yourself, born and raised under the free institu- 
tions of this great country^ they are suffering the most grievous wrong 
that could be done a people, and are conscious that their Government 
have acted without proper deliberation and upon an ex parte showing of 
the case. Can you blame them for not yielding tamely to this oppres- 
sion, and for making another appeal, which I now do in their name, to 
the JPresident for an investigation of this matter? 

I am not presenting to you the case of Henry C. Warmoth or of Wil- 
liam Pitt Kellogg in this appeal; they are both strangers to us, and our 
people have suffered long and patiently under the mismanagement of 
such men, as is known to the whole country. I am speaking in the name 
and as the rein'eseutative of the best people of Louisiana, wlio are firmly 
convinced that in the recent election they carried most of the important 
officers of their State, and that if effect shall be given to the real popu- 
lar verdict of November, the government will pass into the hands of 
honest and capable men. They feel that in this they have a right to 
expect the sympathy of the Federal Executive, Mho has so recently 
received from the people of his country such distinguished evidence of 
their confidence. 

The course of the Executive in this matter is, I fear, calculated to 

-alienate the affections of the best people and to weaken their confidence 

in the protection of the Government and their love of our institutions. 

I am persuaded that if the Government should, at this juncture, pur- 
sue a wise, magnanimous, and impartial course, let the result be what 
it may, the confidence and affection of the South would be promptly 
restored in the national Government, and all trouble in that direction 
be forever settled. 

The action heretofore taken can be canceled or modified so as to 
give effect to these views, and in a very short time the true case can be 
placed before the Government, as a committee from Louisiana is now 
on its way, bearing all the facts to the President, and this committee is, 
according to my understanding, non-j>artisan. 
Yours, verv respectfully. &.G., 

H. N. OGDEN, 
Attorney- General of Louisiana. 

Hon. G. H. Williams, 

Attorney- General United States. 



[Telegram.] 

Ne\v Orleans, December 17, 1872. 

Hon. Geo. H. Williams, 

Attorney -General : 

Have sent by mail to-night statement and proofs answering memorial 

taken there by the so called citizens' committee, including tabulated 

registered vote by parishes, white and colored, outside of New Orleans. 

Forty-five thousand white, seventy-four thousand colored. The colored 



CONDITION OF AFFAIRS IN LOUISIANA. 29 

uieii wrongfully refused registration would have increased the uumber 
several thousand. This data, hastily prepared and seut, will serve to 
show the extent of the frauds perpetrated and the countenance the so- 
called citizens' conunittee is giving the same. 

B. B. PACKARD, 

United ^States 2lars}ial. 



W. r. Kellogg to Attorney-General. 

New Orleans, January 1, 1873. 

My Dear Sir: The interest you have taken in our affairs proni})ts 
me to write you again, in order that you may fully understand the situ- 
ation here. 

An attempt is being made to get the Warmoth legislature together 
on the first jMonday in January, the day on which, under the constitu- 
tion, the legislature is to meet in regular session. It is pretty certain 
there wdl not be a quorum in either house. Several of the democratic 
members have already taken seats in onr legislature, and many will do 
so at the regular session. 

The newly elected governor is not to be inaugurated until a week 
after the new legislature convenes. 

General Emory informs me that his heretofore direct communication 
with the War Department has been cut off, and that he is required to 
communicate through General McDowell. I do not anticipate much 
trouble ; still, as many of thes6 men are desperate, and are more or less 
supported by the lower and irresponsible class of the community, in 
order that there may be no disturbance of moment, I respectfully sug- 
gest that General McDowell be instructed to respond to any requisition 
which may be made by the legally constituted authorities should a sud- 
den exigency occur. Prompt action in this regard, if necessar}-, might 
obviate all difficuliy. All our friends and many prominent business 
men think that if General McDowell were to visit the cit^^ for a short 
time it would have a most salutary effect. 

I take the liberty of troubling you with another point. The interest 
on our coupon bonds, amounting to $2G0,000, mostly payable in Xew 
York, will not be paid to-morrow, I regret to say. This is mainly attri- 
butable to the fact that many of the Warmoth favorite tax-collectors are 
defaulters. The fiscal agent telegraphed to Xew York last night that 
he was satisfied this whole matter would be corrected in a short time, 
and that he would be able to pay the interest by the middle of January. 

The finances of the State are in a most deplorable condition, and the 
fiscal agent informs me that the payment of the interest on the last 
quarter very nearly went by default. 

Everything indicates that Warmoth intended either to let the present 
])ayment go by default, or succeed in raising that amount from private 
sources, in order for the time being to cover up the real condition of the 
finances.' 

The developments in the auditor's office show a most astounding con- 
dition of things. Since ISG.j, warrants to tlie amount of ,s30,4r)3,b8.S.G!) 
have been issued, all but seven millions under Warmoth administration. 
During the sanu; time there have been paid of these warrants 
827,190,051.44, leaving an amount of outstanding unpaid warrants to 
date of $3,257,237.25. 

The attorney- general has Just sued out an injunction on behalf of 



30 CONDITION OF AFFAIRS IN LOUISIANA. 

tbe State, restraining tlie payment of more than a million of these war- 
rants, on tbe gronnd that they were illegally issued. We hope to be 
able to stop the payment of at least half a million more. With a little 
effort, I am satisfied that we can make such a radical change in the 
finances of the State as will enable us to pay the interest upon all the 
bonded debt, and put the finances generally upon a sound and credit- 
able basis. Of course we do not entertain for one moment the idea of 
repudiating any portion of the legitimate debt of the State. 

I write this chietly because I desire you to understand the condition 
of things, and inasmuch as it has occurred to me that the opposition 
may attempt to make capital against us, and against the action of the 
administration, growing out of the failure to pay immediately the in- 
terest upon our coupons. 

You will remember ours is not an exceptional case. It was the same 
in Georgia, Alabama, and I believe in Tennessee, as well as one or two 
other States. We shall, however, I hope, correct this much sooner than 
those States did. 

Yerv trulv, yours, 

w:\r. r. kellogg. 

IIou. Geo. H. Vv'illiams, 

Attorncij- General United States. 



[Tolegram.-] 

Xew Orleans, January 3, 1873. 
To President Grant : 

Several persons who claim to have been elected to the legislature, in 
conjunction with H. C. Warmoth, the impeached and suspended execu- 
tive, and John McEnery, late democratic candidate for governor, pro- 
pose to meet in this city on next Monday, and organize a so-called 
general assend)ly, in conflict with the legislature now in session at the 
State-house, and to inaugurate said McEnery as governor. To prevent 
a subversion on the present State government aiul to suppress riot, it 
nuiy be necessary for me, as executive, to use police or other forces to 
prevent this revolution movement, and, in my judgment, under present 
orders, as contained in the telegrams to General Emory from the Presi- 
dent, he would be authorized to furnish troops to sustain the State gov- 
ernment. I have just ascertained that General Emory construes the 
orders already given to have been intended only for the particular occa- 
sion uiH»n whicii they were issued, and unless further instructions are 
given he will decline responding to my demands for troops, and will in- 
terfere only in case of actual riot. I respectfully request that the order 
be repeated, Or extended so as to fully cover the case, if maintenance of 
the State government and good order require me to nuike the demand 
on him. 

P. B. S. PIXCIIBACK, 

Acting Governor of Louisiana. 



CONDITION OF AFFAIKS IN LOUISIANA. 31 

[Telegram.] 
IIEADQUAETEES AR3IY OF THE UNITED STATES, 

Washington, I). C, January 4, 1873. 

Colouel AV. II. Emoky, 

Commanding Bepartmeni Neiv Orleans, Louisiana : 
Yonr dispateb, tbrougli General McDowell, has been laid before tbe 
War Department and tlie President, and you are bereby autborized to 
iisie your troops to preserve peace, sbould a coutingency arise vvbicb in 
^l^our judgment calls for it. 

By command of General Sberman. 

WM. D. WHIPPLE, 

Assistant Adjutant- General. 



[Telegram.] 



Private.] January 4, 1873. 

S. B. Packard, 

United States Marshal, New Orleans, Louisiana: 
1 tbink tbere ougbt to be no forcible interference witb any proceedings 
to inaugurate McEnery, if tbey are not accompanied by violence, and 
tbere is no attempt to take control of tbe State government. 

GEO. 11. WILLIAiVIS, 

Attorney-Geueral. 



[Telegriim.] 



[Dated New Orleans, January 5, 1872; received at nortbeast corner Eour- 
teeutb street and Pennsylvania avenue 8.15 p. m.] , 

To Hon. George H. Williams, 

Attorney-General United States, Washington : 

Members of legislature returned as elected by tbe State board, recog- 
nized by Governor Warmotb before tbe as.semblage of tbe body at 
IMecbauics' Institute, are compelled to meet to-morrow under our consti- 
tution, in order to preserve tbeir status. Tbeir assemblage will be 
peaceable, witbout arms, and witb no puri)ose of aggression, but simply 
to organize. 

Tbe organization presided over by Pincbback bas tbreatened violent 
interference, from wbicb serious trouble may arise. Tbat organization 
derives its autbority from tbe attitude of tbe Federal Executive, and 
will be controlled by tbe President. 

We trust tbat be will discountenance interference witb tbis assem- 
blage, wbicb bas a lawful object and is rendered necessary by tbe situ- 
ation. Piease see tbe President immediately. 

H. N. OGDEN, 
A ttorney- General, Louisiana. 



32 CONDITION OF AFFAIKS IN LOUISIANA. 

[Telegram.] 
IlEADQUAIlTEKS ARMY OF THE UNITED STATES, 

Washington, D. C, January 5, 1873. 
General W. H. Emory, 

Commanding Department, JXeic Orleans, Louisiana: 
The following orders are just received and you will proinptlj' act in 
contbruiity thereto : 

Executive Mansion, 
JVunhingtvn, D. C, January 5, 1873. 

General: Tlie Fiesideiit directs tbat General Emory be telegraphed immediately 
that he inform Governor Pinchback that the troops will not be fnrnished to disperse 
any body of men claiming to be a legislature, or other\Yise assembling peaceably, and 
not obstructing the admiuistratiou of the rc'cognized government of the State. 
Very respectfully, 

\YM. AV. BELKNAP, 

Secretary of War. 
General W. T. Shetiman, 

Commandhuj the Army, S(c. ^ 

General McDowell is here, and on receipt rei)lv to me direct. 

w. T. shp:kma^, 

General. 

Adjutant-General's Office, 

Witshington, January 0, 1873. 

Official copies : 

THOMAS M. VINCENT, 

Assistant Adjutant- General. 



[Telegram.] 

Neay Orleans, January 0, 1873. 

Attorney-General AVilliams, 

Washington, J). C. : 
Legislature met in regular session at State-house ; present, twenty- 
seven senators and sixty-eight representatives. Odd-Fellows' Hall as- 
semblage adjourned without quorum, having but fourteen claiming to 
be senators, and forty- seven representatives. 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 

New Orleans, January C, 1873 — G p. m. 

Geo. H. Williams, 

Attorney-General, Washington, I). C: 
AVarrnoth legislature in session at Odd Fellows' Hall without a quo- 
rum. City council, democratic, by resolution excluded the so-called 
legislature from Lyceum Hall, the place designated by Warmoth as 
State-house. Large crowd in front of Odd-Fellows' Hall, but all quiet. 
I believe the purpose of State authorities not to interfere with the as- 



I 



CONDITION OF AFFAIRS IN LOUISIANA. 33 

serablage so long as no overt acts are committed to overthrow State 
government. 

S. B. PACKARD, 

United States Marshal. 



[Telegram.] 

New Oeleans, Jftwwary 6, 1873. 
To General W. T. Sherman, 

Commanding the Army, Washington, D. C. : 

The day passed quietly ; no disturbance whatever. 

W. H. EMORY, 

Colonel Commanding. 

Headquarters of the Army, 

Washington, D. C, January 7, 1873. 

Official copy respectfully submitted to the Secretary of War. 

W. T. SHERMAN, 

General. 



[Telegram.] 

Department of Justice, 

Washington, January 6, 1873. 

S. B. Packard, 

United States Marshal, New Orleans, Louisiana : 

The report of the committee of two hundred, that the President re- 
gards his recognition of the existing government as provisional and 
temporary, is not true. The recognition is final, and will be adhered to, 
unless Congress otherwise provides. 

GEO. H. AVILLIAMS, 

A ttorney- Gen era I. 



[Telegram.] 
THE WESTERN UNION TELEGRAPH COMPANY. 

[Dated New Orleans, 11, 1873. Received at Washington, Jan- 
uary 11, 10.15.] 

To Colonel W. D. Whipple, 

Assistant Adjutant-General : 
As Mr. Kellogg has been declared by Governor Pinchback and the 
legislature which he recognizes, as the governor-elect of Louisiana, I 
presume it is intended by my instructions that I shall also recognize 
him, and shall accordingly do so unless otherwise instructed. Ad- 
dressed letters to the General commanding Army, on 8th and 9th in- 
stant, but they may not reach in time for action. The situation is be- 
coming more complicated, and, in my opinion, the use of the troops 
simply to keep the peace cannot lead to a satisfactory or permanent 
solution of the difficulties here. 

W. H. EMORY, 

Colonel Commanding. 
H. Ex. 91 3 



34 CONDITION or AFFAIRS IN LOUISIANA. 

B.— MEMORIAL OF CITIZENS OF THE STATE OF LOUISI- 
AXA PROTESTING AGAINST THE RECOGNITION OF 
THE PRESENT STATE GOVERNMENT. 

To the President and Congress of the United States : 

This memorial of citizens of tlie State of Louisiana represents, that 
at the election held under the laws of the State on the 4th day of No- 
vember last, John McEnei'y was elected governor, Davidson B. Penu, 
lieutenant-governor, James Graliam, auditor, S;imuel Arrastead, secre- 
tary of state, H. N. Ogden, attorney-general, ami R, M. Luslier, sui)er- 
intendent of jtublic education, by large majorities, ranging from seven 
to twelve thousand votes. Theie were 128,402 votes cast, besides the 
votes of Saint James and Saint Tammany, from which no returns have 
been received. The members of the house of representatives and a por- 
tion of the senators of the general assembly were also elected. The 
election was orderly and undisturbed by tumult or riot or any kind. 

AVhen the fact of the result of the election had beconie ai)parent, 
William Pitt Kellogg, now a member of the Senate of the United States, 
and not eligible to the oftice of governor under the constitution of the 
State, commenced a suit in chan(;ery, in the circuit court of the United 
States, against the governor of the State, a number of persons engaged 
in examining and ascertaining the individuals chosen at the election, 
and his opponent, as defendant, upon the pretext that he was ai)pichen- 
sive that the governor and other othceis would miscount the votes 
returned, mutilate or destroy the evidence of the election, and that by 
this method his opponent would be declared to be governor, instead of 
himself, and that he would not have [)roper testimony to sustain a con- 
test under the twenty third section of the act of Congress of the 31st 
May, 1870, which he supposed furnished himself with a cause and a tri- 
bunal to recover that office. 

We charge that the suit was commenced and conducted in bad faith. 
For the scoi>e and aim of the restraining order, injunctions, and other 
])roceedings have l)Ut little relevance to the i)reservation and penxtua- 
tion of testimony in a possible suit, but have had a direct influt'iice and 
operation upon transactions outside of the court. It may be tairly con- 
cluded that the object of the suit, of the orders and decrees in it, has 
been to embarrass, entangle, and to discourage the lawful administra- 
tors of the State government, in oi'der that a band of usurj^Ms might 
take possession of and control it for their own emolument and advantage. 
The effect has been to make a revolution in the State government under 
the i)rocess of tlie courts and with the assistance of the Army of the 
United States, contrary to law and the votes of the people at the elei^tion. 

The suit in the circuit court of the United States is commenced by a 
citizen of the State of Louisiana, against the governor of the State, and 
several officers and citizens of the State, to direct them under color of 
an injunction as to the performance of an administrative function. Tlie 
proli-ssed oltject of this citizen is to secure a conservation ol" U'stinu)ny 
to aid him in asserting a possible claim to an oHice in the State which 
he thinks he may i)erhai)s have. 'J he courts of the United States have 
no jnrisdiction of controveisies between citizens of the same State, ex- 
cei)t in a very few well-definyd cases. There is no act of Congress that 
authorizes a citizen of a State to bring a suit against citizens of the 
same State to perpetimte or i)re.serve testimony in any case of this kind. 
There is no law of the United States that antiiorizes a citizen ol a State 
to bring a bill against the governor and other retiu'uiug officers of the 



CONDITION OF AFFAIRS IN LOUISIANA. 35 

State, to control them in the performance of their ofificial duty. The 
whole princii)le and structure of the Governments of the United States 
— State and Federal — oppose the conclusion that a State administration 
can be drag'^ed into the courts of the United States by the citizens of 
the same State, in reference to any matter of municipal administr.ition. 

No section of the act of 31st May, 1870, lends the least countenance 
to the assertion of jurisdiction in such a cause, or to the hi.nh-handed 
orders that appear in it. The peace and dij^nity of the State have been 
l)rostrated by a successful effort to overturn the administration of the 
State, under the combined operations of the Army of the United States 
and the circuit court of the United States, and a usurping and uncon- 
stitutional administration has been placed in its stead. 

Tlie progress of this insurrection has been ra})id and successful. The^ 
duties of goveruor of the State are now ])erformed by a person calling* 
himself acting governor. Under the constitution of Louisiana, the 
offices of governor and lieutenant-governor are filled by the people at 
an election. 

In case of a vacancy in these offices for any cause, another officer is 
designated by the hnvs to supply the place. 

Tliis acting officer is either the j)residing officer of the senate, or, in 
same contingency, the speaker of the house of rei)resentatives. 

The present acting governor is not a senator or member of the house 
of representatives, and was not when he assumed to act as governor, and 
had not been since the 4th day of Xovembr last. The condition indis- 
pensable to a capacity to act as governor does not exist. ]Ie is a- mere 
usur[»er — an instrument selected to accomplish the revolution com- 
menced by judiciary j)rocess and enforced by armed soldiers. 

A ])retended legislature, operating with this usurping governor, comes 
together without legal evidence of an}^ autliority, and have commenced 
operations by abolishing courts that are filled by men elected by the 
people in November by overwhelming majorities, and in the i)lace of 
these courts a new court is provided, whose judge and clerk are to be 
nominated by this acting governor and his senate at command. 

It is not surprising that a wide-si)read sentiment of indignation, dis- 
gust, and detestation prevails at these extraordinary proceedings. Tliey 
are without parallel in tUe annals of the United States. They betokeu 
a si)irit of malice ami of mischief — a determination to prostrate all the 
bulwarks of law and of social order, under the guise and covert of judi- 
ciary action, to secure ends purely selfish and personal. They manifest a 
contempt for the institutions of the country, the peace of society, the 
guarantees of life, liberty, and of property, that has created alarm and 
insecurity. 

The undersigned have been filled with amazement and ai)prehension, 
that the guilty authors of the measures can have the least eticourage- 
meut or sup[)art from the President or the Congress of the United 
States. We, as citizens of the State of Louisiana, and as having no 
party associations or combinations to disturb our judgment, and im- 
pre^s "(1 with the conviction that the evils under which the State has 
suffei'ed from misgovern ment will be aggravated by these flagrant vio- 
lations of law ami right, for ends ])ersonal, do respectfully ask that in 
this exigency the associate justice of the United States assigm^d to this 
judicial circuit, and the judge of the circiyt court of the United States 
for this circmit, may take charge of the judicial a<lministrati()n of the 
circuit court : that the employment of the Army of the United States 
in the civil administration of this State -be discontinued until the 
peace of the State shall be disturbed; and finally, that the President 



36 



CONDITION OF AFFAIRS IN LOUISIANA. 



and tbe Congress refrain from giving' encouragement, connteuauee, 
or autliority to any new government or officer until their titles to act 
be valiillv ascertained and determined. 



J. W. Champlin. 
H. S. Bell. 
James H. Doiif^las. 
F. B. Chauii)lin. 
J. Prados. 

A. Chiapella. 

J. W. Crawford. 
Aug. Bergini. 
F. McDonnell. 
Edward Bnrtbe. 
Louis Burthe. 
Custave Kohn. 
James de Labaw. 
Z. Foley. 
M. F. Bonis. 
Henry Cliiapolla. 
Douglas M. Jenkins. 
Lilley Sarpy. 
L. Crior. 

B. Saloy. 

L. D. Sarpy. 
S.S.Martin. 
L. N. Oliyier. 
Thomas Henderson. 
Chas. Hernandez. 
H. E. Cliamplin. 
Horace Pickett. 
F. B. Green & Co. 
W. I. Hodgson. 

A. J. Fit7.i)atrick. 
Charles T. Nash. 
Warren Howes. 

C. H. Nash. 

D. A. Harris. 
Paul Grimes. 
Thomas Prior. 
George William Lotz. 
T. H. KeiHiedy. 

B. W. Willando. 
Alfred Bonligny. 
P. F. Arroya. 

W. A. Bierman. 
Alfred Belanger. 
Leon Sarpy. 
John B. Heno. 
William S.Pike. 

A. Sheppers. 
Dr. J. H. Pike. 

C. L. Mayor. 

B. F. Tisdale. 
A.V. Duralde. 

E. W. Terry. 
Francis Kawle. 

F. Lambert, 
L.W.Overton. 
F. H. Ehrmann. 
S. Lyman. 

P. A. Hardy. 
J(dHi H. New. 
Harry T. Hays. 
Page' ^^. Barker. 
James Kvans, sr. 
A.J. Tardy, jr. 
J. H. Putnam. 
P. Blain. 
F. A. Peterson. 



Eugene Harris. 
E. L. Macmardy. 
J. H. Greenwood. 
A. Montardin. 
Robert ]?ruce. 

D. S. Fleming. 
G. IT. Magee. 
A. Jumanville. 
John L. Fondu. 
T. D. Lowdes. 
R. G. Eyrich. 

I. H. Brown. 
Daniel C. D. Smith. 
Orray Taft. 
M. W. Newman. 
Edward Davis. 
Thomas W. Kidder. 
H. V. De Gray. 
J. Anderson. 
Morris »S: Co. 
John Cabin. 
W^illiam H. Renaud. 
,Iobn I. Adams & Co. 

E. Watson. 

R. H. Bennett. 
Frank C. Smith. 
T. Toca. 
James L. Pierson. 

A. K. Brown. 
Thomas Toby. 
Chas. B. Upton. 
L.P.Alfred. 

J. D. Thompson. 

W. P. Richardson. 

S. M. Ibirnett. 

Henry A. Seller. 

Spencer Field, jr., & Co. 

E.Eyen. 

James L. Lobdell. 

Wheelock Finlay Sl Co. 

L. F. Giiieris. 

Charles L. C. Dnpuy. 

F.O. Minor. 

William H. Bncard. 

J. P. Chanviere. 

James Solomon. 

.Tohn T>. Ross. 

B. Bridge, per F. E. B. 
E.J.Waldron. 
Henry ,1. Mather. 
Ernest Landry. 
Charles I). Delery. 

P. S. Brand. 
B. L. Mann. 
R.:\Iulroy. 
G. W. Terrell. 
L. Clairain. 
A. J. Sandegriff. 

F. R. Sonthmayd. 
F.A. Haber. 
Lewis TStern & Bros. 
M. T. Ri.c. 

F. Ginley. 
Edwarfl Labarre. 
A. Gonzales. 
J. Villa wccbia. 



P. F. Perret. 
J. T. Winnemore. 
.Jules Leaumoud. 
J. E. Jarrcan. 
P. A. Hyde. 
.T. M. Pagand, jr. 
Ph. Helm. 
Wm. B. Kimball. 
Geo. R. Chilan, jr. 
W. H. Ellis. 
Wm. F. Delahay. 
Charles Carrelton. 

A. Micon. 

B. Stille, M. D. 
Samuel H. Kennedy. 
J. McConnell. 

De Burget Ogden. 

Steyens & Seymore. 

Cramer, Beyman & Co. 

E. B. Oycnl. 

M. B. Chilanss. Jr. 

G. H. Rolling. 

George Wilt. 

Jose Thiard. 

Chas. A. Bujac. 

W. S. Donn'ell. 

C. E. LeBlanc. 
R. F. Hogsen. 

B. Proctor. 
T. Morris. 
.Tames R. Gwiun. 
L. D. Jorda. 

A. Cleveland. 

A. P. Cleveland. 

Wni. ^1. Ransom. 

Sajuuel B. Cleveland. 

W. E. Freeslew. 

L. W. Coopry. 

J. Newman. 

L. H. I'ownier, treasurer. 

D. A. Blanchard. 
M. W. Newman. 
Alfred Noury. 
W. S. Young. 

N. R. Stratton. 
William H. Pia.son. 
Edsow li. Hems. 

E. .Johnson. 

E. Fislier TTaves. 
Michael Gillilea. 
Cartwrigbt Eustid. 
Patrick Kennedy. 
Patrick J. (ilynn. 
A. D. Horniques. 

F. Hatter. 

C. V. Dus.sive. 
E. R. Mason. 
H. P. Buckley. 

C. H. Schornberg. 

John T^ontrlas. 

tJeo. W. Wang. 

J. R. Lund. 

T. J. Odendahl. 

R. W. Gillespie. 

Chas. Averill. 

M'Carrdlish, Chrishau & Co. 



CONDITION OF AFFAIRS IN LOUISIANA. 



37 



C S. Boarnnii. 

11. Hiiltdu Kerr. 

J. (Jaicia. 

Wat Tvler Cluveiius. 

J. J. Rieluiids. 

Benj. Turner. 

T. H. Lyons. 

AVni. H.'Vogel. 

E. <le Lawvac. 

C. W. liall^ 
Ball & Lyons, 
Win. H. tobiu. 
R. Erichesou. 
H. Greve. 
Hax Vilsor. 
Elliott I'erret. 
John Shaw. 
Cbarles Onieis. 
Fred O. Greye. 
Fred Wagner. 
W. C. Dean, 
.lolin Metzger. 
S. Kingston. 
Peter Metzger. 
G. Kothery. 
Geo. Jonas. 
Iniey Hillis. 
H. J. Black. 
Edwin Harris. 

A. I). Menlieini. 
Laf. Guyol. 

P. J. Dnqnesuay. 

Aug. Sulaim. 

Cliai'les F. Jumonyille. 

Heury Howard. 

Horteu, Peterson »& Feuuer. 

Hoyl & Sassinot. 

F. Kathanan. 

B. Y. Blacdel. 

E. F. Virgin. 
Win. E. Jewey. 

D. Penet. 

F. A. Haber <fc Co. 
A. Barnett. 

.los. Bean. 
O. Macpberson. 
Augustus Z. Wet. 
W. R. Norcoui. 
Charles Pitts. 

C. W. Jumonyille. 
P. O. Grnyol. 

J. W^. Noyes. 

C. Funk. 

Juo. W. Emmett. 

Stauli'er, Kent & Co. 

S. Hayward. 

L. A. Lietars. 

Sanuiel E. Moore & Co. 

Wm. Heyl. 

S. T. Rogers. 

M. Heineniann. 

Charles B. Pcttit. 

Denieritt & Dibrell. 

Peet, Yale & Bowling. 

Geo. P. Labane. 

J. C. Kelleher. 

T. R. Bowling. 

Geo. W. Winter. 

Heme Jklason, per G. M. W. 

N. Devereus. 



H. Lagnam. 
H. Dessonnnes. 
N. A. Loret. 
F. A. Weed. 
T. W. Dyer. 
J. Edgar Boyd. 
F. J. Scbeuriiianu. 
A. G. Kane. 
I. H. Massey. 

A. D. Sarniir. 
P. J. Mather. 
Robert Ross. 
Eli Fenner. 

B. Macy. 
Fred. Moore. 

R. E. Communy. 
Isaac Levi &■ Co. 
J. Grauderslieimer. 
M. Lehman. 
N. L. Bruce. 
Johu T. Gould. 
Page & Morau. 
T. W. AVood. 
Louis Fauri. 
A. J. Blackbemir. 
A. T.Mather. 

F. Belden. 
M. H. Luudy. 

G. W. Heury. 
W. P. Gottz. 

A. W. Murklaud. 
Johu B. Fearn. 

E. S. Bancker. 
G. W. Bancker. 
Chas. Gehlbach. 
Joseph Fraenkel. 
Johu B. Piller. 
H. H. Hazard. 
Frank Hober. 
Sidney M. Phelau. 
H. D. Mitchell. 
W. Allwell. 

F. H. Foley. 
Frank Fenner. 
A. Shulsmyer. 
Johu Hep ting. 
Johu Peter.sou. 
Henrj^ Subra. 
W. Beiu. 

W. B. Shearer. 
John Thuer. 
H. G. Buckingham. 
J. P. Golding. 
M. Risy. 
John M. Gould. 
D. L. Eauies. 
H. H. Hansen. 
S. Boullemet. 
W. S. Hansen. 
U. Berker. 
Wm. Gounar. 
J. Delairgue, jr. 
P. Fairciiihl. 
Thos. Dowliug. 
John Caggy. 
Peter O'DouneB. 
Fred'k Wing. 
R. F. W. Bachnian. 
A. Talbot. 
Peter Lugeubuhl. 



Louis Allen. 

Gustavns Oeugel. 

Thomas J. Brown. 

R. G. Hulbert. 

W. R. Haydeu. 

P. H. Maloney. 

Johu B. Mallem. 

Henry Schirting. 

Sam. L. Turpin. 

Frederick Marks. 

Wm. Barwalt. 

B. F. Chambers. 

W. J. Harris. 

John B. Wheeler. 

J. L. Vincent. 

Amb. L. Browne. 

Medville & Mepham. 

Chas. Mansou. 

Edwd. Collins. 

Geo. W. Youug. 

A. Burr. 

D.^Eckert. 

J. H. Rareshide. 

Albert C. Maes. 

W. H. Graham. 

W. D. Henderson. 

Geo. W. Charlton. 

A. F. Dutal. 

P. Yeiser. 

P. Grandprie. 

S. J. Pecot. 

J. D. S. Newen. 

A. T. Bennett. 

R. Charles. 

E. G. Mehnert. 

W. G. Lyon & Co. 

W. A. Heuney. 

Andrew J. Curney. 

Wm. Volckmann, jr. 

Jas. J. McKernan. 

John L. Picknell. 

•Jas. M. Hooper. 

T. Fitzwniiam & Co. 

W. A. Murray. 

Fred. S. Decker. 

Thos. W. Sillman. 

Sidney S. Calleuder. 

Geo. N. Gavin. 

Edmund Dorssey. 

Thomas R. Rousseau. 

E. M. Bermingham. 

Lewis L. Ellis. 

Wm. A. Fauche. 

A. O. Pans. 

A. P. Harrington. 

Jas. Bucklej^, jr. 

I. A. W^isham. 

Hv. Hambonger, jr. 

D^ Thorn tou. 

Phil. McCabe. 

D. Zahy. 

I. W. Piatt. 

J. Cicsar Huchez. 

Joe H. Kirkwood. 

John M. Freudensteiu. 

H. B. Fergusou. 

J. Bercegeay. 

Jno. Cursan. 

H. E. Grosch. 

Thos. Rickett. 



38 



CONDITION OF AFFAIRS IN LOUISIANA. 



C. H. Disque. 
J. McCloskv. 
T. Keller. 

H. Rust ell. 
J. W.-ir. 

D. E. McDonald. 
Rob't J. Diiiilap. 
Jos. Imuran. 
Dav. MeNiill. 

F. Newman. 
J. B. Tiistani. 
N. B. Raynioud. 
John M. Bouuer. 
D. Mnrr. 

D. Smith. 

F. A. Deiitzel. 
F. R. Soiithmayd. 
Jno. H. C'onniff. 
Wm. H. Sevestre. 
Gerard Steth. 
H. L. KelM'v. 

E. Deloony'. 

E. P. Upton. 

A. H. (Jencris. 

F. AV. 01. er. 
I. F. 01. ey. 
Chas. W. Yonnff. 
I. K. Biickinirhaiu. 
Phil. J. Reilly. 

M. Hart. 
J. A. MDiris. 
D. J. Dalv. 
D. Denneft. 
Geo. Nicholson. 
Jno. W. Watson. 
John H. Lariiall. 

B. J. W.St. 
Melvin W. f'olien. 
Richard Fit /.Gerald. 
P. St. Amand. 

H. G. Hodi^en. 
Matt. McEnery. 
Edgar A. Enos. 
John C. Mnrray. 
Geo. W. Squires. 

C. W. Wn.kniiiUer. 
W. J. Masson. 

Ed. San ton. 
M. Malniy. 
Jno. R. Kent. 
A. E. N. Cornhy. 
C. 11. Parker. 
S. D. Allis. 

G. A. Kane. 

F. G. Wat kins. 
A. M. Brewertou. 
A.C. W.avcr. 
Edw. B(.oili. 
James J. Tarletou. 
Victor Scry. 
P. Jordal. 
John (Jcddes. 
James Keating. 
Louis Sincer. 
Aug. Sluart. 
AV. II. Bvrnes. 
J. G. Duiilap. 
W. C. Shcj.ard. 
W. B. Bowiuau. 
C. E. Gate. 



Fred. Nc.rinan. 

W. L. Shep.-.rd. 

Edward D. Seghirs. 

Nicholas Burke. 

George JIartin. 

P. Irwin. 

James W. Fitz Henry. 

Daniel JIalone. 

M. & J. Meagher. 

John Courtade. 

John H. O'Couuer. 

E. McKean. 

G. W. Givens. 

Thomas N. Kelly, ex-Uuited 

States soldier. 
Jam*s D. Edwaids. 
Frank McGwin. 
R. Carey. 
T. Gil more. 
L. L. Kna|)p. 
Peter Tnrhit. 
A. Dnchirou. 
George William Dewhirst. 

A. J. Golden. 
Daniel Curran. 
J. Keni).. jr. 
Thomas Freelaud. 
E. A. Gnivet. 
William H. Manning. 
Samuel Knox Shepard. 
P. H. Ferly. 

George E. Lansing. 
Simon Donohoe. 

Jack + Leverh, (colored.) 
mark. 

Witness : J. J. Tarleton. 
John G. Ryan. 
David Fleming. 
Thomas Markey. 
Benjamin Kelley. 
Tim. Daly. 
Jerome Hawly. 
Thomas Cheevers. 
Robert Strong. 
William 11. Deeves. 
Thomas McDermott. 
J. H. Cass. 
W. B. Klein peters. 
Theodore Frank. 
P. Phelan. 
.Gab. Brown. 

E. Cannahean. 
William Cunningham. 
T. F. Gwathmey. 

B. W. Og<leu. 

F. Gondon. 
Eml. P. Rowe. 
I.,ouis Fieldes. 
P. J. Sullivan. 
J. Shepiierd. 
E. R. Perry. 
Henry Beer. 

Theobald Forstall, superiu- 
teiulent Gas-Light Com- 
pany. 

.James Jackson, president 
New Orleans Gas-Light 
Company. 

T. J. Duggan. 



E. W. Herrick. 
J. P. Baker. 
Louis Burche. 

E. C. Palmer & Co. 
Caesar Hnchez. 
Lovell & Bailey. 

A. J. Soua. 

P. M. Schneidan. 

Hall & N'^aughan. 

Frank M. Hall. 

Thomas S. Eldrey. 

J. Riviere & Son. 

Alden McLellan. 

Peter White. 

Lehman, Abraham & Co. 

T. G. Richardson, M. D. 

Charles Briggs. 

Henry H. EgertoUi 

Frank Williams. 

William Moone. 

Peter Ross. 

W. A. Labatt. 

J. Mauioni. 

Al. J. Taylor. 

Harry Lenord. 

Henrv Vellaraso. 

M. Lara. 

J. A. Brumette. 

R. H. Whelcome. 

S. Aaron. 

Black & Holt. 

L. AlCtimore. 

John J. Grunthy. 

I'. Feigel. 

B. M. llarrod. 
George Plumb. 
.J. H. Cami.niau. 
William Arnv. 
Phil. Hoinnan. 
Geoige ^I. Stephans. 
John Carroll. 

J. Allen. 
A. Jac(.b. 
Peter Hand. 
Oscar Elby. 
J. F. Hellmers. 

F. A. Yierling. 
R(.bert Strong. 
Here Housali. 
Patrick McKennc. 
John Friel. 
TlK.mas Hare. 
David Bidwell. 

J. Kittredge. 
L. Graham. 
J. C. Starr. 
A. Agusti. 
R. Finley. 
J. I. Pitt'man. 
Charles (Jieserke. 
Richard Wiser. 
H. Wintele. 
Gottlieb Wolf. 
V. Stubenrauch. 
J. Wolf. 
J(.hn S. Barnes. 
J..S. Hardin. 
Joiin Loustaunan. 
Robert xM. White. 
E. Martin. 



f 



CONDITION OF AFFAIRS IN LOCISIANA. 



39 



Auijnst Kelley. 

W."G. WiliJiot & Co. 

Joliti Mullierii. 

N. Sinnott. 

Martin Weyilijj. 

Daniel Hurley. 

John H. Roche. 

P. R. Hiddlemoss. 

Dr. J. Potter. 

Richard Hall. 

T. W. McEnany. 

T. H. Wing. 

W. B. Wilcox. 

J. V. Shirlock. 

Charles Donnelley. 

J. Lincoln. 

Samuel G. Krgner. 

Sullivan & Bulger. 

P. J. McGurt. 

W. H. Skenett. 

H. H. Shaw. 

William A. Tutt. 

Edgar Boisblauc. . 

James Miltenberger. 

James McGrath. 

Thomas L. Clarke. 

J. Watts Kearney. 

T. Schmidt. 

James G. Clark. 

J. G. Ellis. 

T. A. Archer. 

Thomas A. Selden. 

Charles N. Dolsen. 

Daconr ct Patterson. 

Oscar Boydeu. 

A. W. Cooper. 

Ch. Kahn. 

F. A. Thomas. 

A. Banlnian. 

Hy. Kuntz. 

C. E. Hnttinann. 

A. Howell. 

William Weidner. 

George \\. Church. 

F. V. Labarre. 

W^. S. Loccor. 

Alexander Trelford. 

George Robb. 

Thomas E. Bowman. 

Walter C. Cook. 

James Clarke. 

F. Dolhorde, of Missouri. 

Joseph Silcott. 

Cobb, Dolhorde & Co. 

J. W^. Stone <Si- Co. 

AV. R. Converse, jr. 

A. Woods. 

William H. Matthews. 

J. B. Collie. 

L. L. Ferriere. 

Henry J. Vose. 

F. O. Tupacpiier. 

E. H. Fairchild. 

George ilcD. Burke. 

O. L. Putnam. 

James P. Hogan. 

H. W. Kloi)])enburg. 

•R. B.Post.^ 

Joseph West. 

J, Grillarary. 



T. W. Nettleton. " 
Frank Gaienni. 
Melville M. Moore. 
Thomas Cripps. 
•John C. Rogers. 
M. Duncan. 
Josei)h McElroy. 
F. E. Daniel. 
C. H. McElroy. 
Augustus Moutreuil. 
J. Casson. 
C. W. Newton. 
John E. King. 
Webster & Co. 
J. W. ILukH, jr. 
Alexander Delgado. 
Pohlhaus & Doll. 
William Y. Logan. 
C. C. Twitcheil. 
William H. Adams. 
George Robinson. 
H. L. Honze. 
C. W. Allen. 
Henry Groebel &, Co. 
L. E. Cenas. 
Albert Camiuack. 
L. H. Terry. 
A. Wallace Hunter. 
Frederick J. Wing. 
William F. Bogart. 
A. R. Brousseau. 
Frederick S. Lloyd. 
William Fink. 
C. H. Andrews. 
Arthur Reyuoir. 
O. Bonnecar. 
William McMaster, jr. 
Paul Bellow, 

E. Mar(iuere, sr. 

F. D. Wimberly. 
\Y. H. Cetchford. 
Hy. Leverich. 
H: C. Boucher. 

AV. E. Leverich, jr. 
M. Conway. 
L. E. Turner. 
P. A. MacDouald. 
J. E. Samuels. 
Norbert Larochelle. 
M. E. Hallagan. 
R. Champagne. 
Seb. M. Gautier. 
Daniel Gorreu. 
Alp. Peyroux. 
Joseph H. Oswald. 
Eli Lummars. 

E. Ratelle. 
II. Rooney. 
John M. Putnam. 
Charles A. Starks. 
A. E. Ratelle, jr. 

F. Glance J'. 
W. Roony. 
Ed. Richards. 
Pauson Durel. 
Frank Gerlein. 
John Durel. 
Charles O. Gerlein. 
Nicholas Burger. 
O. A. Peyrounier. 



John Peyrounier. 
Levi Hophal. 
John Mil Her. 
Jacques Miiller. 

his 

Lauraut X Miiller. 

mark. 

F. P. Duconge. 
John R. Fell. 
F. Ducuych. 
Howard Smith. 
Charles DeGruy. 
Charles Oliver. 
Louis A. Adam. 
Isaiah Green. 
P. Nuessen. 
R. J. Parfrey. 
Edward A. Parfrey. 
W. Winslow. 
John Raynalds. 
William A. Bell & Co. 
R. N. Ogden. 
Samuel H. Bell. 
S. W. Rawlins. 

E. F. Campbell. 

F. H. Hatch. 

B. B. SiiUmes. 

J. M. Witherspoon, 
Arthur Gustis. 
W. Morrison. 
Fred. N. Ogdeu. 
John Chevillon. 
W. J. ChevHlon. 
Charles Parfrey. 
H. Downes. 
William J. Seymour. 
M. S. Gallagher. 
J. P. Moore. 

G. A. Pickett. 
James Wadick. 
J. N. Sherry. 
H. Pinsson. 

P. T. Minor. 
R. W. Estlin. 
P. R. Byrne. 
L. G. Delisle. 
V. H. Hattier. 
Josei)h Barker. 
H. DeGruy. 
J. E. Glenny, 
James Desbau. ' 
E. J. White. 
J. B. Agnel. 
W. W. Carr6 & Co. 
John W. Adams. 
Thomas Thorn. 
Theo. DeMoller. 
Ciiarles E. Babock. 
J. H. Sherman. 
H. Colle. 

Muucy Sc Marcy. 
J. H. Casson. 
J. P. Thouipson. 
P. Chs. Cowt llin. 
Walter L. Bell. 
J. Schmid. 
J. M. Scott. 

C. H. Schwartz. 
Isaac Schenck. 
Daniel Hiller. 



40 



CONDITION OF AFFAIRS IN LOUISIANA. 



H. Levy. 
W. D. Smith. 
D. P. Snyder. 
Charles Atkins. 
James M. Ritchey. 
Robert H. Hackney. 
James Hunhey. 
Wilhelm Oble. 
P. Glynn. 
J. Baumsartiier. 
R. Stovall. 
James O'Rourk. 
D. J. Doran. 
Richard McCarty. 
James Bell. 
Peter KaiVtle. 
J. Payne Thomas. 
John Crichlow. 
A. F. Jones. 
J. Larber. 
Tho. D. Miller. 
J. J. Warren. 

C. Sbnltz. 
H. G. Hester. 
M. Hiller & Co. 
Isaac Randolph. 
H. Lewinaten. 
Paul L. Bouligny. 
J. Nol>lo\vs. 

D. G. Ilillborn. 
J. P. Davis. 
James G. Jenkins. 
A. M. Asbbridge. 
A.B. Dantnnb. 
W. A.Johnson. 

A. Boisblanc. 
R. M. Walensley. 
J. B. Daveni)ort. 
A. F. Aseubeimer. 

E. Guesnou. 

F. A. Gorteu. 
S. Condit. 
Charles Nathan. 
Henry Renshaw. 
Theo. Connnager. 
Chr. Longeu. 
John J. Barnett. 
William Reiuerth. 

E. A. Alberty. 

H. Clostermann Bayle. 
A. King. > 

F. J. Yallienne. 
Henry Miller. 
J. C. i)innies. 
Alfred Bertus. 
George Wigg. 
J. L. S. Laiul. 
J. S. Meilkur. 
J. Wolkart. 
Hunt & MacaulaA'. 
C.H.Chase. 

P. N. Benacbi. 
A. E. Bignon. 
W. C. Simmons, jr. 
E. B. Mnsgrove. 
W.W. Renshaw. 
.lames A. Renshaw". 
J. Brion. 
E. Fonlin. 
Edwin T. Riley. 



Lonis Frigeriak. 
Henry Vahlon & Co. 
Jules Benezcoh. 
Pierre D. D. Delaci'oix. 

A. Lalier. 
Chs. Clipman. 

E. Dubois. 
C. Cantenz. 

B. Dumesta. 
J. Armstrong. 
A. Delseries. 
A. Roussot. 
Sam'l Faibore. 
James Golden. 
John Wagner. 
John GoUuiart. 
Wm. A. Hollembach. 
Samuel Cohn. 
Simon Cohn. 

L. Kolsky. 
Tvnotz Blumcusay. 
Haims Abes. 
Michal Stitt's. 
J no. J. Ward. 
John Hurley. 
J. E. Merilh. 
G. P. Bhunand. 
J. Lemaue. 
N. Ferraudon. 
J. Menier. 
Z. Huant. 

Eustis V. Bourgeois, 
Gwynn Fanchuuy. 
Paul Ronss(^t. 
Charles Laiamy. 
Constant Alt. 
H. Grelle. 
Edward Ivy. 
Philip Schwalb. 
Francis Adams. 

F. Birtel. 

H. Hausmair. 
A. Himel. 
Samuel Cahen. 
Wm. Quiliiau. 
Theo. Dietrich. 
T. Moran. 
P. Casaubiellh. 
J. Simons. 
Louis Goldstein. 
S. Sandak. 
P. Goldstein. 
J. T. ilay. 
C. Gossauer. 
M. Rosenthal. 
A. Kratzberg. 
H. Cohen. 
S. Cohen. 
S. Haelbs. 
Wm. Davis. 
E. Macon. 
Ls. Philipp. 
J. B. Yergez. 
L. Josepiis. 
De Trautman. 
J. M. Vergcz. 
Aug. Mora. 
Th. Obek. 
J. Soutareger. 
Arthur Lopez. 



Tlios. J. Horrell. 
William Haaslage. 
Charles Miller. 
John G. Fleming. 
E. P. Merrick. 
W. H. Foster. 
J. N. Lea. 
W. H. Heuning. 

C. W. Merriam. 
Jas. McC. Baker. 
John P. Nelson. 

D. Davis. 

Gustave Gosliuski. 
Auguste Labalos. 
H. C. Good. 
Thomas Costello. 

E. Ducos. 

S. Margnere. 
T. Bruuet. 

A. Grousset. 

B. Rombach. 
Eugelhart Cruvlet. 

0. Arnold. 
John A. Duble. 
William L. Poole. 

B. T. Simms. 
G. W. Sentell. 
Juo. A. Watkins. 
Wm. W. Hunter. 
S. M. Westmore. 
H. W. Palfrey. 
Campbell & Strong. 
J. West. 

S. Cohen. 
S. T. Crebs. 
Gus. Leefe. 
H. N. Beebe. 
Juo. Deveroux. 
S. N. Moodv. 

C. A. Parker. 

F. G. Ernst. 
S. Hernsheim. 
James Davis. 
Fred. A. Ober. 
H. F. Hall. 
Benj. Albertsou. 
James Lennox Ogdou. 
J. C. Woodville. 
Edw. .Jenuoiweld. 

L. A. Leraudais. 
Geo. P. Delery. 

1. Sougern. 

Hy. C. Bowman. 
A.' Wold. 
G Jumouirhe, sr. 
J. A. Grinstead. 
J. E. Logan. 
J. M. Isaacks. 
Chas. Ranay. ^ 
Chas. Engstfeld. 
Wm. H. iiice. 
J. W. Nagle. 
F. W. Gustine. 
Thos. Kearney. 
J. M. Pagande. 
Hy. Bezome. 
G." Delery, jr. 
Felix Jumonville. 
Juo. Guerin. 
Edgar Pitot. 



CONDITION OF AFFAIKS IN LOUISIANA. 



41 



A. B. Crinks. 
Jas. D. Saul. 
Kobt. Crawford. 

A. Bozouier, sr. 
C. M. Carrier. 
V. M. Carrier. 

B. J. Moutaiiietl. 
Louis Sewary. 

J. D. CrostlnViiit. 
J. Meitoelfalder. 
G. Jumouville, jr. 
J. Dejan. 
N. D. Bortel. 
Gray Smith. 
Edw. Bitot. 
J'h Trotot. 

C. Tiblier. 
J. Cozy. 

J. M. Wagner. 
R. Sua. 
M. Steiu. 

D. DaudsoD. 
P. O. Peyrow. 
EriK'st Prayst. 
P. Bucliauau. 
A\'. J. Hase. 

A. Ji. Seger. 

McCracken & Brewster. 

Jos. Zengel, jr. 

Johu Clark. 

John E. Audre. 

M. Tauey. 

Louis L. Lambert. 

Jno. G. Gaiues. 

Aut. Carriere. 

J. L. Wiluey. 

F. P. Beck. 

L. A. Stoiu. 

L. Harden. 

Hy. Burkbardfc. 

A. Wagatlia, jr. 
L. M. Babad. 
N. Kuutz. 
MacBlanque. 
H. Gerures. 

E. Lartigue. 

B. Hellman. 
Henry W. Haag. 

C. Morse. 

W. H. Howcott. 
Thomas B. Harper. 
H. M. Stewart. 
George Burkbardt. 

E. Eg am. 
Henry Schesdiug. 
Johnson & Perring. 
L. B. Collins. 

F. H. Bohue. 
John Runte. 
Thomas Schore. 
Joseph King. 
Panlus Wunder. 
Fred. Nicaud. 

E. Amadio Landry. 
A. C. Delery. 

G. A. D. Hemeconrt. 
Cohen, Endels & Phelps. 
M. Millies. 

Louis Tihermauu. 
Thos. K. Smith. 



S. Sutter. 
F. A. Gonzales. 
P. Egam. 
Ign. Mayer. 
F. Hollander. 
A. Zimmermanu. 

E. Lang. 
H. Meyers. 

F. Oberhenser. 

C. Converse. 
Hwnry Blache. 
A. Wiltz. 
Rde. Annas. 
Lebast P. Roj*. 
A. Delpence. 
P. E. Sarrazin. 
Flonan Lange. 
Jos. A. Hincks. 
A. Thezi, jr. 
Maurice Weil. 
Gustave Weil. 
Georges S. Darby. 
J. F. Couret. 

L. Schmides. 
F. Limengy. 
A. H. Delmas. 
Thos. M. Dykers. 
An to. McBecali. 
Wm. W. Graft-. 
J. E. Richard. 
J. N. Charbonnet. 
Eugene Meyrez. 
Chas. F. Weiss. 
J. Bvion. 
F. Briou, jr. 
J. lirion. 
R. H. Marr. 
Meyer Wall. 
Jno. Glynn, jr. 
Denis Rach. 
Edw. I. Durel. 
Chas. De Armas. 
Geo. A. Wagatha. 
F'cois ( oquetz. 
Edmund Zacud. 
Edward Adler. 
Louis Lehman. 
S. Morton. 
M. J. Farrell. 
W. R. Bell. 

E. Laugsdorft". 
O. Alugi. 

T. Tnpper. 
S. Menard. 
Aaron Smith. 
R. Thoma. 
T. Clark. 

F. McC. Swain. 

D. R. Pirret. 
J. G. Roui>. 
George A. Lee. 
Font Sont. 

L. G. LeMore. 
J. S. Longley. 
Arthur Rideau. 
J. 0. Scannell. 
A. G. LaPice. 
John Chafte. 
John Williams. 

E. W. Bertus. 



G. W. Belin. 
Jules Durel. 

E. L. Carriere. 
S. Labranch. 

A. L(>aumont. 
Jas. S. Paujal. 
D. L. Kermon, jr. 
Alphonse Seltz. 

B. C. Brent. 
S. J. Font. . 
G. Michel. 

D. E. Seghert. 

J. O. Lanary &. Co. 
J. Faust. 
M. C. Randall. 
P. Delegrau. 
Paul 0. Guerin. 

F. Legendre. 
Geo. Mittenberger. 
Ernest Mittenberger. 

C. W. Cammack. 
S. J. Adler. 
Pierre Poulz. 
Dr. E. Adler. 
Paul A. Pontz. 
Alcus S. Dierto. 
S. D. Aurej^. 

G. Sanches. 

J. M. Villavasso. 
P. S. Sanches. 
Hre. Daissaute. 
G. Bonny. 
H. Loyd. 
John Steiner. 
Armaud Guyot. 
L. E. Delusam. 

B. O. Blanche', jr. 
Robert J. Ruddendorft\ 
P. J. Gaiser. 
Horatio Lau j;e. 

H. Viavant. 
R. B. Searing. 

E. Breissou. 
D'Buy H. Ogden. 
James Cammack. 
Ad. Calougue. 

F. Delivy. 
Ernest Advillen. 
F. McBulhuy, sr. 
E. C. Legendre. 
J. W. Watson. 
P. Labouisse. 
Geo. Legendre. 
Geo. E. Forstall. 
Victor Bernard. 
Felix Morris. 
James L. Harris. 
A. A. Houton. 

J. A. Baguie. 
Leon Verges. 
Johu Zopfi. 

C. Masiscan. 
Geo. Lafaye. 
Walter G. Crawford. 
Ben, E. Hall. 

Robert E. Montgomery. 
Emile Bernard. 
C. R. Roos. 
M. M. Simpson. 
Jas. Chalaron. 



42 



CONDITION OF AFFAIRS IX LOUISIANA. 



Alf. Lamailio. 

E. F. La Villebeurre. 

Hy. J. Montaguet. 

Beiij. P. Lee. 

Eng. Dcsfliincs. 

Jiio. B. Dodart. 

Jno. P. Casey. 

"W. A. Shropshire. 

G. M. Bayly, jr. 

Amand Forstall.' 

Fitzgerald & Yauderford. 

John Streuuar. 

P. Garden. 

E. Daricr. 

B. F. Keefe. 
J. M. Seixas. 
Louis. A. Coiron. 
Edgar Larue. 
Claude Gouzales. 
Phil. E. Beauregard. 
A. Emier Bader & Co. 
Chas. J. Macmnrdo. 
George H. Larue. 

E. J. Lomas. 
Jas. A. Pierce. 
Peter J. Fiulay. 
Wm. Sherhurne. 
Thomas Bullen. 
Wm. E. Fitzgerald. 
Jas. Fabey. 
P. Poincy. 
J. Kohn. 
Walker Fearn. 
A. Nott, jr. 
Heurv T. Lawler. 
Hugli O'Douiiell. 
J. F. A. Boyle. 
Lewis J. Grass. 
Wang, White «fc Co. 
H. M. Levy. 
L. Prados. 
Chas. Pleasants. 
Eobt. McMillan. 
H. B. McMillan. 
Euiile Heriuann. 
J. D. Vanderford. 
Jh. Lombard. 
Fred. N. Thayer. 

C. Kohn. 
G. Alerg6. 

J. R. Bournian. 

J. M. Burke. 

James Flower. 

Jno. B. Fox. 

G. ]Maurras. 

David Schwarz. 

P. Hnrst. 

M. J. Fitzgerald. 

P. Everett. 

Schwabacher »S: ITirscb. 

Henry Frielauder. 

J. M. Jrowsul'do. 

S. K. Russ. 

M. Glaser, jr. 

Thomas Sheehan. 

Jno. Dovle. 

G. P. Crauo. 

J. M. Schwartz. 

J. T. Belknap & Co. 

Edward Dore. 



H. R. Giffney, 
W. H. Giffney. 
Wm. Dillon. 
Dan Fagan. 
Wm. Hart. 
Chris MeCartv. 
L. J. Bright. ' 
Henrv Green. 
Geo. W. Reed. 
Wm. .J. Comstock. 
Jas. Kirkpatrick. 
Archibald Mitchell. 
Jno. A. Martin, M. D. 
Wm. H. Beaubam. 
R. J. Druban. 
J. Curtis Waldo. 
O. Elmer. 
Henry Denegu. 
John Graff. 
John H. Wagner. 
Frank Beck. 
O. T. Buddecke. 
Gordon & Gomily. 
Conway Boyle. 
A. D. Dnpny. 
J. O. Corrijolles. 
Byrnes & Bro. 
Chism & Boyd. 
Pbil C. Clark. 
Harry Wilde. 
Jno. G. Wire. 
W. H. Reese. 
Henry M. Small. 
Geo. M. Viuten. 
S. P. Spiant. 
P. R. Fell. 
Placide J. Spear. 
Geo. C. Pasley. 
John Pasley. 
J. M. Weymoutb. 
Frank R. Rawlins, 
G. Briguor. 
Geo. D. Fisher. 
E. H. Biemend, 
W. L. Catlin. 
G. Baninii. 
James Govan. 
T. Milton Gudrin. 
Edwin Marks. 
Hugh Breeu. 
C. N. Forns. 
O. T. Peck. 
Wm. Boswortb. 
Benj. J. Ilaney. 
Ft. Mnnter. 
J. A. Robinson. 
J. H. Ashbey. 
John A. Stevenson. 
G. W. Binder. 
Wm. A. Bartlet. 
C. C. Crawford. 
J. B. Lambert. 
J. M. Brabazon. 
Julius A. Pratt. 
Geo. J. Duncan. 
J. H. Jobusou. 
J. R. Walker. 
W. M. Aberuatby. 
H. E. Fine. 
Charles A. Smith. 



Chas. A. Wilson. 
T. Toursine. 
G. Townsend. 
J. .J. .Jourdan. 
L. Tureaud. 
William Luyster. 
W. W. Wiggintou. 
,J. K. Small. 
Geo. C. Lawrason. 
J. B. Bres. 
Victor Latour. 
Jno. B. Sheehan. 
J. Plaisent. 
P. Dwyer. 
H. D. Cochrane. 
Wm. Grant. 
J. R. Turck. 
C. B. Churchill. 
Geo. J. Duncan. 
Ed. Scratchley, M. D. 
Geo. W. Wood. 

E. F. Pe'rilloux. 
John Dymoud. 
Wackerbartb & Joseph. 
S. E. Rnudle. 

James H. Clougb. 
J. AV. Payne. 

F. Pickard. 
H. M. Payne. 
John G. Parbam. 
J. J. Fitzpatrick. 
J. A. Evans. 

B. B. Parbam. 

G. N. Morisou, jr. 
Ed. R. Dameron. 
John T. Purves. 
Henrv Taylor. 
E. A.'Bridge. 
Geo. Folsom. 
Morris L. Lawrence. 
G. A. Schnedon. 
Ed. L. Hall. 
Pranske & Damuel. 
Wm. Friedricb. 

A. Palarig. 
W. T. Brown. 
Geo. Bairnsfatber. 
L. R. Skipper. 
W. H. Seaman. 

C. M. Wilcox. 
J. C. Shii>ley. 
Wm. M. Laild. 
George Scberer. 
G. A. Williams. 

S. Rich'd Proctor. 
P. McBride. 
G. S. DeBlanc. 
Chas. T. Beauregard. 
G. Burke. 

Wm. J. Br.yersdorffer. 
J. P. Lanpbier. 
W. H. Atkinson. 
AValter Ross. 
Anid. Somab. 
K. B. Keene. 
H. C. Yeatman. 
J. R. Carroll. 
E. Yergues. 
Stanley O. Thomas. 
T. L. Airey, 



CONDITION OF AFFAIRS IN LOUISIANA. 



43 



A. L. Janiii, 

J. C. De Pruy. 

D. D. Colcock. 

R. M. Potts. 

G. O. Warner. 

S. H. Abv. 

J. v. Dc Gniy. 

Chapsky & Schulze. 

L. G. ArnoiiU. 

(ieo. T. Converse. 

Jacob Miller. 

R. H. Beiiner. 

Geo. Falcher. 

P. McKenna. 

R. J. Deas. 

F. O. Minor. 

Jnles Tnyes, Jr. 

R. N. Lewis. 

J. C. Denis. 

D. F. Holland. 

Shelby Seymour. 

F. Claiborne. 
D. R. Carroll. 

G. Wilkowski. 
Simon Wilkowski. 

C. F. Johnson. 
H. J. Tiltbrd. 
L. Prudliomni. 
Julius Hessee. 
Joseph Wav. 
John T. Butler. 
R. M. Fauquier. 
W. Agar. 

W. T. Vandry. 
Tho. M. Converse. 

D. A. S. Vaught. 

E. Benjamin. 
W. H. Reynolds, 
Walter S." Wass. 

B. McCool. 
John Janey. 
Harry Phillips. 
John G. Angell. 
Wm. Weaver. 
Tlios. Donnelly. 
M. E. Garcia. 
Will. H. Coleman. 
I. Irvine. 

Thos. Mc In tyre. 
W. E. Dillon. 
W. W. Duty. 
P. IL Harmon. 
Jas. Brennan. 
Geo. D. Fisher. 
W. Barnett. 
J. Burkhardt. 
A]i>. Garnard. 

F. A. Robbins. 
Henry D. Park. 
Geo. W. Moore. 

C. Wataroue. 
John Craig. 
Thos. S. Porter. 
Thos. Kifiiiau. 
Thos: N. Bay Ian. 
Sand. Powers. 
Conrad (irier. 
W. L. -Wagner. 
T. W.Bnddecke. 
Fred. T. Field. 



W^ C. Camp. 
H. Kerr. 
S. Curley. 
J. Carter. 
Jules T. Pecot. 
J. H. O'DowmI. 
Patrick Driscoll. 
Jos. Wliitmore. 
Thos. Whitmore. 
J. W^. Hiucks. 
J. S. Tuyes. 
R. Wregsie. 
A. J. Chalaron. 
W. H. Richards. 
Wm. S. Dickson. 
Henry Dietz. 
P. Kan brook. 
W. W. Charlton. 
Chas. E. Clinton. 
M. B. Chilanys. 
H. Carronche. 
J. B. Waldeman. 
C. F. W. Danker. 
J. F. Hertzog. 
Rnshton Foster. 
Louis McCutchon. 
H. L. Lewis. 
H. Chalaron. 
W. J. Chapman. 
N. Yordy. 
Thomas McQueen. 
James T. Day. 
Moses Eastman. 
Casper C. Izard. 
John Wilkinson. 
Martin Hulbritter. 
J'ph Girod. 
C. Laroque Turgeau. 
J. Myer. 

Henry E. Mitter. 
James M. Doyle. 
F. Emmett. 
C. W. Miltenberger. 
F. Reusoh. 
A. Capdeville. 
Martin Druhan. 
Ch. Burkhardt. 
A. Katz. 
S. Barnett. 
M. W. Smith. 
Anatate Delery. 
Alex. Nicholas. 
August C. Delery. 
Hy. Devergis. 
Lew A. Graj' Son. 
Thos. McCormick. 
F. Shey. 

Thos. McDermott; 
M. Redmond. 
Marice Scully. 
Patrick X McGraw. 
Thos. Kelly. 
P. Day. 
Michael Tully. 
Thos. E. Graliara. 
J. J. Keating. 
AVm. K. Mckenzie. 
Thomas Stoo. 
Thos. Anderson. 
H. Carpenter. 



S. Barbarm. 

F. Hantad. 
L. M. Finloy. 
James F. Alleyn. 
Geo. Sivarbrick. 
C. Stehle. 

Wm. Pringle. 

P. McKernau. 

Henry Sehers. 

Hy. Dallmau. 

Chas. J. Alleyn. 

Robert Parsons. 

L. A. Even. 

Alex. K. Sennott. 

Jno. E. Chirke. 

Taylor Adams. 

Edward V. Wcdiu. 

E. P. Whitford. 

C. S. Fisher. 

Henry F. Simes. 

Thos. Jeffn. Woolf.jr. 

Renshaw, Cammack & Co. 

A. H. Hill. 

Ed. Davis. 

Jno. McGrath. 

Geo. H. Curtis. 

Thad. F. Hooper. 

A. English. 

J. E. Adam. 

J. L. Adam. 

Thos. Geo. Murphy. 

M. S. Walsh. 

John Sullivan. 

M. D. Gardner. 

Jno. T. Fitz Gerald. 

John Walsh. 

Geo. M. Nugent. 

James Rankin. 

John J. Gardner. 

W. Mizell. 

Thurman Leon. 

C. Taylor Gauche. 

Wm. C. McCrackeu. 

John F. White. 

G. W. Bern. 
E. P. Mackie. 
Chas. D. Stuart. 
Golsan Bros. 
Chs. Platz. 
John G. Darrah. 
W. D. English. 
Bm. Gersou. 

S. L. Levy. 

AVm. Forstall. 

J. Lew. 

P. Forstall. 

E. F. Munier. 

T. S. Ingersoll. 

Jno. J. Noble. 

W. T. Blakeraore. 

William Knox. 

AVm. Benache. 

Lehman, Abraham & Co. 

C. A. Villars. 

Chs. A. Janvier. 

J. Brenan. 

Lewis Hart. 

A. Podatsek. 

Geo. S. Wolf. 

J, O. Nixou. 



44 



COXDITIOX OF AFFAIRS IN LOUISIInA. 



T. P. Devoy. 
L. J. Salomon. 
Percy T. Simpson. 

D. Vautine. 
J. W. Pearce. 
J. Mathers, jr. 

S. 13. Newman & Co. 
Harrison Watts. 
Sylvan Derby. 
R. Pbieler & Co. 
A. Mullers. 
C. Sbiiiff. 
James N. 0<;deu. 
R. M. O'Brien. 
W. H. Mayer & Co. 
W. Brinj^emau. 
G. W. Cabel. 
J. B. Latitte. 
Wm. C. Black. 
T. Ferd. Kraemer. 

E. R. Meiban. 
J. Petifeles. 
R. H. Devov. 
Hoffinann & Co. 
Bernba. Stranss, 
C. Opetlebech. 
Perry Nugent. 

F. Vix. 

E. Purch. 
A. J. Ward. 

S. H. Waon,jr. 
John C. Stewart. 
J. Benj. Cbandler. 
Wm. A. Jordan. 
T. Duval. 
Geo. S. Weaver. 
J. H. Dnrant. 
A. Keller. 
C. Dillon. 
J. E. Campbell. 
J. E. Cartrigbt. 
Faut Sons. 
Vizard & Wilmutb. 
Joseph Setrewe. 
W. A. Eastman. 
A. Samuels. 
Jas. Corcoran. 
J. Simjjson. 
AV. F. Bancks. 
John C. Stewart, jr. 
Adam Werner. 
C. O. Sncshmoydre. 
J. N. Stous. 
James Hibbs. 
David A. Steru. 
Johu H. J. Blank. 
James Deering. 
Wm. Cbamplin. 
John J Moore. 
Geo. W. Stockton. 
Jviles A. Florat. 
J. L. D. Merritt. 
C. Shumway. 
W. E. Grant. 

F. M. Thompson. 
C. S. Elliott. 

A. Barrena. 

B. A. Crozier. 
W^m. Orr. 

A. J. Barreiia. 



J. H. Kesler. 
AVm. Whitta. 

E. E. Simpson, jr. 
John Hobson. 
Christian R. Stnmft'. 
John T. Holtzmauu. 
Ramon Rouhet. 
Rufus O. Elliott. 
W. H. Titus. 

A. Marz. 
W. G. Coyle. 
Samuel Alston. 
W. R. Lyman. 
A. C. Wilbur. 
Thomas P. Donelsou. 
J. T. Diboll. 
Johu Blancbard. 
W. P. Winslow. 
Martin ISIiller. 
H. Crush. 
Eugene Wells. 
N. Maleo. 
Andrew Steward. 
Hugh W. Brown. 
I.D.Hawkins. 
Robert A. Grinuau. 
Lewis C. Ivy. 
Chri.s. Cbatie.jr. 
Robert L. Adams. 
James Rainy. 
Em. Levi. 
W. D. Rickarby. 
James S. Zacbaria. 
C. W. Bradbury. 
William I. Whaling. 
J. S. Flower. 
W. C. Flower. 
R. T. Buckner. 
Robert T. Buckner. 
S. C. Waugh. 
William Mackeser. 
J. Welti ng. 
John Cromwell. 
Benjamin Gersou. 

F. Lecomt. 
John Ruloii'. 
H. Martin. 
A.Testrow. 
Edward A. O'Brien. 
J. J. Gidiere. 
F.A.Pliilippi. 
Johu A. Lafaye. 
Johu S. Keaghey, 
Charles Chafie. 

J. W. Glime. 

A. Levi. 

J. H. Duggan. 

J.F.Auklen. 

A. C. Weysbam. 

Pauline De|daigne. 

Frederick W. Newroth. 

Henry Leiuiuger. 

Charles Mather. 

James C. Morse. 

C.B. Pegram.sr. 

Johu M. Saudidge. 

Charles Lcsassird. 

P. A. Huches. 

J. T. Muse, Evergreen, La. 

J. B. Flotte. 



J. Fowler. 
W.J. Rivet. 

D. Turcaud, D. M. R, 
George Schacfter. 
Edmoud De Verges. 
G. Oehmuchen. 
Joseph Hagen, 

L. Jung. 

P. H. Bernard. 

A. G. Romaiu. 
J. Hern ear. 
Leon Queyrouse. 
L. Ririere. 

J. L. Bovd. 

M. D. Gaudet,jr. 

F. Hathkum. 

G. Pers. 

M. J. Cusack. 
Jules S. Myaudre. 
Patrick Murpliv. 
H. Fitte. 
N. H. Larose. 
Edward Robert. 
Y. B. E. Lacroix. 
Charles Vatiuel. 
.T. C. Tremoulet. 
J. Moutemello. 
S. Fearsou. 
G. Wagnar. 
C. Oehuuicheu. 
L. P. Hilrard. 
I. L. Berdon. 
Henry Blauchiu. 
J. Y. Pullingue. 
W. Laroussiui. 

B. I'owell. 

J. J. Labartbe. 

Boudct Theophile. 

M. Collins. 

L Gillis. 

Andy Kelho. 

W. E. P. H. Barnes. 

E. Bardelois. 
James David. 
William L. Luyster. 

F. Gueydon. 

H. Amas. ' 

K. F. Herveau. 
Charles Blaclie. 

G. A. Blaucau. 
A. Jorda. 

J. Desca. 

G. King. 

Isidore Hernsbeim. 

William R. Holconibe. 

Robert Gregory. 

T. Fleury. 

Oscar Brown. 

Charles H. Scott. 

Felix Oiiry. 

Johu L. Linke. 

M. J. Farrell. 

Patrick Reilly. 

John Walle. 

J. Bollinger. 

C. B. Black. 
E. H. Hyde. 
Brown & Turemau. 
J. A. F Brown, jr. 
George Meyers. 



CONDITION OF AFFAIRS IN LOUISIANA. 



45 



Simon F. Monroe. 

Gcoroe H. Dodge. 

Charles K. Railey. 

H. Lsaiic. 

Theo. Mohr. 

S. Buerges. 

Williiiui W. Nasets. 

W. Werlander. 

S. McNaniara. 

Otfo H.Clasen. 

P. r. Smith. 

T. Gueydau. 

P. Gueydau. 

L. Bodet. 

A. S. Alexander. 

Francis O'Neill. 

Hart.IIilboru I'v: Co. 

Benjamin Hilboru & Co. 

H. B. Myers. 

A. M. Wail. 

Georoe W. Booth. 

Eugene May. 

A. G. Lastraper. 

William J. Dunne. 

J. W. Coleman. 

John R. Railey. 

J. Robertson. 

T. T. White. 

S.Weil. 

Myers Neumeyer. 

H. Tiemauu. 

T. I. Dyer. 

L. Montagut. 

W. Van Benthuyseu. 

E. Le Breton Deschapelle. 
W. R. Mur|)hy. 
Benjamin H. Michel. 

G. H. Joiins. 

F. Fischer. 

E. H. Summers. 

D. P. Scanlan. 
Bryan & Thompson. 
R. M. Ellis. 

I']. Keman & Co. 
J. Ferry. 

E. Dnrand. 
Jas. Hanrahan. 
Jno. Mendes. 

T. W. Cauipbell. 
Emory Cluphy. 
J. S. Co])es. 
Henry V. Ogden. 
C. H. Tebault, M. D. 
L. A. Kearus. 
H. Green. 
James R. Wilcox. 
P. G. McKinney. 
C. Wood Perry. 
II. B. Pegranr. 

F. B. Green. 
Dan. I'. Logan. 
Geo. Gauiicheau. 
W. B. Brown. 

T. H. Stephenson. 
Henry Leckie. 
P. B. Bell. 
Chas. L. Uhlhorn. 
Wm. B Clark. 
Chas. E. Rice. 
O. E. Willcox. 



Heury M. Morris 
Lewis Lawrence. 
Leon Mayer. 
Louis Schneider. 
Herm. Roehl. 
J. Benird. 
Geo. H. Schreiber. 

F. Dudenhefer. 

J. Aug. Ilagraann. 
A. Schneider. 
Jno. Gaspand. 
Chas. Laner, jr. 
George R. Preston. 
Vose Brothers. 
Schneider & Luljerbier. 
Howard & Preston. 
Edwd. Conery. 
E. S. Melancon. 
J. A. Wehest. 
Perry C. Massey. 
M. N. Waldo. 
O. C. Williamson. 
Eugene Lopez. 

A. Consley. 
C. W. Waldo. 
E. Maginnis. 
Chas. Carriere. 
O. Stuber. 

L. Eldridge. 
Henry Fox. 
Edward Rocesset. 
Joseph Schwartz. 
Joan Slooten. 
Zera. Senbrink. 

B. H. Shut. 

John H. Kanilade. 
W. R. Frisbie. 
E. J. Precend. 
Jules Chase & Co. 
Wm. J. Beirntre. 
Isidore Newman Bro. 
Rondeau &, Co. 

C. H. Huddeekee. 
J. A. Blatter. 

L. T. Johnson. 
James Grant. 
R, H. Bennets. 
H. V. P. Bird. 

G. T. L. Mayer. 
Victor Brados. 
Theo. G. Uhlhorn. 
E. C. Payne. 
Frank H. Hooker. 
Jas. M. Domingnez. 
William Rainey. 

S. H. Gilman. 

Ed. Chapman. 

Thos. C. Herndon. 

John Shannon. 

John W. Saunders. 

Henry Kopman. 

Martin Caulfield. 

John H. Pape. 

J. M. Frankenbush. 

J. Burnet & Co. 

Jno. P. Hardin. 

Louis Minor. 

E. Dufour. 

G. Ilorogue Jnrgeaiis. 

Richard Nugent. 



Jules Mossy. 

B. F. Peters. 

Dayid Haddou. 

Jas. Fruet. 

Chas. DeBlanc. 
Edward I. Johnson. 
F. Laborote. 
Edwin O. Cook. 

N. D. Hughes. 
George Ellis. 
Sam'l Flower. 
Wm.P. EUeson. 
Bostick & Seymour. 
Geo. W. Manson. 

C. E. Murphy. 
Briggs Payne & Co. 
C. F. Terrell. 

F. C. Chanut. 

P. O. Kombock. 

Chs. Omer de Liyandais. 

Joseph Mitchel. 

M.J. Guinn. 

A. Picolet. 

Wm. Hanemann. 

Arthur J. Mitchel. 

David Montgomery, jr. 

Joseph E. Whitmore. 

W. C. Day. 

P. Dudenhofer. 

C. C. Lewis. 
.Jos. Braudner. 
J. T. Taunehill. 
Chs. M. Lorenz. 

F. Chalard. 
Jul. Lockejo. 

Geo. W. De La Plaine. 
P. A. Le Blane. 
Chas. H. E. Colton. 
A. Heidemann. 
P. Thormahlen. 
Owen E. Sullivan. 

G. T. Haab,jr. 
Maurice Stern. 
Henry E. (liogreve. 
Miller & Hillenauer. 
Bernard Strauss. 

A. M. Bryde. 
Mike O'Connor. 
Chas. T. Barry. 
Joseph Colin. 
Lahnseu Loclite & Co. 
Hermann Thoss. 
A. J. Tard3^ 

D. A. Given. 
Chas. Holland. 
This. Ceroid. 
Leuuiel Stanwood. 
Kirkpatrick & Keith. 
Vicker Meyer. 

H. H. May' 

Sid Engotorf. 

H. F. Knmpp. 

Declen Zesep. 

J. Brieglet. 

Robt. L. Adams & Son. 

Ali)ert Shnltz. 

Rieli<l. Flower. 

C.H.Parker. 

John H. Bright. 

F. Larney. 



46 



CONDITION OF AFFAIRS IX LOUISIANA. 



Gustav Forster. 
A. Cat<mii<;t. 
P. S. Witts. 
Pill) Joiwoodjr. 
"WaUiT Sayer. 
Conrad Kri'ssull. 
Abfl Lcmoine, jr. 
R. C. (iiiiiniack. 
Clasoii cV Co. 
K. Gricsinfer. 
Jiio. F. Butts. 
Lovell & Bailey. 
A. B. Griswold. 

A. L. Abbott. 

J. G.Brllllit. 

Win. J. Duval. 

A.T. Ottmum. 

Z. G. Bay lis. 

Feidinaud Delkoiume. 

D. H. Lvino. 

G. C. Krndall. 

L. Seicslmaydre. 

"Win. Sniyles. 

John Kodj;or &. Son. 

John Sands I'owuall. 

R. W. I5eiibury. 

J. Davidsdii. 

John A. 15etat. 

P. Lacu.stf. 

B. Pimt. 

Al.'xr. Hill. 
H. Montrouill. 
T.Willis. 
En-;-. A.Piffet. 
John (iowiaiid. 

C. A.St.Miic. 
Louis J. Pitfet. 
John B. Eckart 
Louis Giiniwold. 
J. II. K.'iih. 

T. SchalVttr, jr. 

M. Ktinian & Co. 

A. Labaiie. 

11. C. Petit. 

J. Haiidou. 

Iv. Loin bard. 

L. Forrior. 

Liiin Niines. 

John J. Diamond. 

W. C. James. 

J. l?am(d. 

F. G. & O. W. Barriere. 

Geo. \Y. Babcock. 

L. liter. 

L. Utcr, jr. 

W. I.lllon. 

T. Pol eh. 

Guioii & Neippert. 

J. Il.Dniilbct. 

Einile Kurtz. 

Arthur A. Crai.s. 

P. Lalaiine. 

L. Deoclas. 

John E. Avre. 

D..I.Reily. 

J.F.eei. 

Geo. All Gilibon. 

V. J. Jnubert. 

A.G.Tebo. 

R. Benzie. 



J.T. Allyin. 

L. E. Faines. 

T. Z. Laf'osse. 

F. Aiuzie. 

Arthur E. Latapie, jr. 

Hebert, Meret & Peusoud. 

J. Pinsard. 

C. Martin. 

D. G.LaPointe. 
P. A. Labauve. 
A. F. Cronah. 
Geo. Mathis. 

A. B. Grimes. 

C. F. Schnell. 
Chas. Perrot. 
J. A. Madburg. 
A. T. Perrot. 
J. H. Haite. 

T. Frederickson. 
A. Morcoin. 
Louis Genois. 
Alcide Dinnestie. 
Edward \V. Reuss. 
R.M. Siding. 
P. Lehaiid. 
W. F. Peterseu. 
P. Lazenavel. 

E. Boiiligny. 
Frauk Pohlmann, 

Caual st. 
Otto Erlebach. 

E. Levy. 

James A. Mackay. 
Thomas Rodriguez. 
Daniel Ellas. 

F. Dubrieh. 

D. W. C. Peck. 
L. Triemaux. 
A. Elie. 

A. Aug. Bolira. 

G. C. Evans. 
O. Robert. 

E. G. Carrier. 
J. Jaubert, jr. 
D. W. llcdmes. 
J. G. Pierson. 
M. O. Connollv. 
R. P. Slainbuel. 
C. W. Sargent. 
O. Dupie. 

M. J. Biuk. 
1'. II. Holmes. 
W. A. Biiant. 
Eugene Schmitt. 
W. J. Pigiicyun. 
Jiio. B. Sehmitt. 

F. H. ThomiKsoii, jr. 
Edgar Trepaguis. 
L. Caniece. 

C. F. Diirrive. 
Eugene Lotel. 
F. L. Jewell. 
J. ]3. Lyeniie, jr. 
Chas. A. Levie. 
H. Fehrenferr. 
William J Bovd. 
Geo. C. Wrigiit. 
Chas. A. Mever. 
C. C. Bagnie. 
George Austin. 



E. A. Tyler. 
J. Mityzi. 
Eugene Bakeler. 
J. il. Cressy. 
P. A. Bienvenu. 
Geo. P. Woodlief. 
James Lee. 
Thomas Wall. 
Frauk A. Parker. 
P. S. Monler. 
Jas. A. Edie. 
A. Montainat. 
P. Gallot. 
A. Paris. 
E. Prosper. 
Peter Mathuzen. 

D. Despaux. 
J. Breors. 

R. Ilubernald. 
J. B. Lavidgne. 
Chas. W. I'eseiiy. 

A. H. (Jiiilin. 
.1. LawtiMi. 

T. L. Washburu. 
C. M. DeCanip. 
Wm. E. MeNeil. 
Will. D. ^'^ance. 
Geo. Dufour. 
J. A. Walker. 
C. Diihnrnelv. 
H. Hoi ret. 
Edgar Ilineky. 

E. Peyehand. 
Henry Wertz. 
Aug. Contarie. 
Hart Hilborn &. Co. 
Louis Hilliorn. 

C. L. Sinclair. 

B. Chilang. 
Geo. P. Cliilang. 
R. A. Chilang. 
J. A. Chilang. 
Paris Chilang. 

J. Paris Chilang. 

Thos. Egerton. 

A. xMiilhr. 

Dr. G. C. Cunniiigliain. 

Jno. A. Doiigheity, 

Baton Rouge. 
James Ricketts, jr. 
Henry S. Dowler. 

C. Alont.irdier. 

S. C. lirowdowski. 
E. G. Cobb. ■ 
Wm. E. Cooper. 
S. E. Ruiidle. 
J. Chaeuv. 
R. Baibier. 
C. H. Washburu. 
E. Claudes. 
W. W. Kinley. 
Tlios. A. Bolaiid. 
Jules Beiinudez. 
Thos. C. Porteous'. 
L. A. Trosilair. 
Chas. A. Harris. 
A. Gross. 
Heiirv G. Root. 
:M. S. lied worth. 
Geo. F. Lehde. 



CONDITION OF AFFAIRS IN LOUISIANA. 



47 



Thomas Keary. 

Win. Hogan. 

H. Lambert. 

P. T. Hojrau. 

Cbas. J. Oberle. 

Hy Sclii'iiiipt. 

T.* J. Ford. 

Edward Lilienthal. 

J. W. D(tU!;herty, 

J. Sipiiiaii. 

J. D'Arcy. 

Jiio. Braiidncr, jr. 

S. T. Bli'pin<r, 

J. A. Maiipa.s, jr. 

Jos. Marcon. 

E. KtMiiav. 

E. D. Levy. 

Cbas. Staidingel. 

Jiili's L. Gatitier. 

W. R. Stan Iter. 

Arthur Simon in. 

■Tames Benton. 

L. E. Zehal. 

J. G. Wheeler. 

J. A. C. Wadswortb. 

J. F. Comet. 

H. C. Cooney. 

Jno. H. Dunning. 

James C. Bullen. 

Entjeiie C. Delery. 

A. Bacleain. 

Jas. A. Maxwell. 

Fenwiok Eusti.s. 

James H. Murraj'. 

S. E. Guyot. 

McWilliams, ]Mari(m & Co. 

E. Scratcbly & Co. 
Gervais Scblater. 
L. Rocquet. 

F. S. Boze. 
Morris Gntenaine. 
M. Goldsmith. 

S. Moses. 

Freebeimer & Ilaler. 
Sn inner C. Pay sou. 
Pnul M. Goachaux. 
A. Rr uaiul". 
A. Souza. 

F. Perseliall. 
George Rebkopf. 
Leopold (ierot. 
S. Seitz. 

E. Eichelberger. 
L. Hel>ert. 
A. Diipuy. 
Cbas. Cooper. 
Stephen Danenhauer. 
Cbas. (Uievalier. 
H. Eck. 
Anton Fraukiewig. 

G. Seideiizahl. 
P. Sebnmert. 
Franz Ilirz. 
Anton Foltz. 
Karl Kiefer. 
Heinirieb Fuller. 
T. D. Greusen. 
Cbas. H. Lewis. 
W. II. Richards. 
Geo. Albert. 



Wm. S. Dicksou. 
Henry Dietz. 
Jos. H. Baylie. 
E. Brunner. 
C. P.enkhardt. 
Trosten & Value. 
Tbos. Walker. 

E. Digean. 
Wm. T. Hardie. 
A. Grosjean. 
Louis Kanfnuin. 
C. L. Bower. 

P. E. Dnrand. 
John Friedrich. 
J. Herbrrf. 
T. Reillev. 

F. Brion. 

G. Kreibs. 

J. O. McLean. 
A. C<nisin, jr. 
Paul L. Nasseur. 
A. Dapremont. 
Rod Hatbiss. 
Wilbelm Fanz. 
Jaromona Mebrle. 
.Joban Lilt si. 
Charles Weeser. 
J. Cbeir. 
Georg Gringur. 
Adam Ziesse. 
Paul Yost. 
P. Eeisena. 
Rudolf K\ bnrz. 
Chard. liaiinan. 
G. Sontag. 
S. B. W. Rudder. 
C. J. Berry & Co. 
G. Lanaux. 
J. G. Vienne. 
Alex. Biemenu. 
AVill Steven 

E. E. OBiieii. 
Moses Lobe. 

T. H. Higinbotham. 

L. Monrose. 

A. Ferrier. 

Aug. Wm. Brette. 

F. I. Coiroii. 

J. (j. de Rosenven. 

George Ijjimaux, jr. 

Percy Roberts. 

Samuel Barnes. 

C. N. Rasteur. 

H. N. Dorid. 

II. M l{i(h:.rds. 

H. Miller. 

S.J. H agent. 

N.W. Ha\s. 

Charlis J. Lewis. 

Charles Angelo Canad. 

Memu'd Doswell. 

ILlI,\niaii.- 

J. U. NixoM, jr. 

George t 'raw ford. 

H L.Jewell. 

J. W. Arthur. 

John C. I'otts. 

Horace K. Shropshire & 

R. S. Kick.y. 

Tru. Trymanoez. 



A. Grailbev. 

A. F. Gar.ler. 

Richard Terrell. 

Thomas Rodriguez. 

A. Iluard, jr. 

J. J. Morin. 

Gustave I'itard. 

S. Block. 

Emil Wilk. 

X. Gritler. 

T. S. Cassagnc. 

H. Robert. 

L. E. Fontett. 

Moses Harnes. 

Ed.Ville, sr. 

P. T. Sougerou. 

J. T. Vilh.rs. 

Alb. de Annas. 

Cbarh's B. Pingletou. 

August Huard. 

Charles Ballego. 

N. J. Bussey. 

M. B. Brady. 

.John A. Dougherty. 

Thomas Langridge. 

W. H. Pratt. 

A. E. G;ircia. 
James Rea. 
AValter (i. Robinson. 
Myers & Linsey. 

E. Levy & Co. • 

George Nathan. 

J. G. Biendener. 

Stone & Tntt. 

Darcy & Wheeler. 

Lehnuinn, Gindihaus & Co. 

N. August Bohn. 

Jolin F. Pollock. 

N. Brittsen. 

H. Dndle.v Coltunau. 

David .Jackson. 

J. Vanbanks. 

H. 0. Simms. 

B. T. Walshe. 
Edward Toby. 
J. J. Toby. 
Thoniiis C. Walsh. 
L. L. Davi.s. 
William S. Bosworth. 
John S. Bein. 
Josej)!) Lawson. 
Harry W. Hancson. 
Eugeiu' H. Levy. 

L. L. Lincoln. 
A. Miltenberger. 
G. Miltenlu-rger. 
C.J.Leeds. 
J.K.Bell. 
]\'ichard Jones. 
P)enjamin Florence. 
John K. Newman. 
A.Martin. 
J.Mann. 

Samuel Logan, M. D. 
James M. Gidlen. 
L. S. Widney. 
Spencei- I ield. 
Co. M. Hirsche. 
Jacob Mv. rs. 
Henry I. Budiugton. 



48 



CONDITION OF AFFAIRS IN LOUISIANA. 



S. Toocheiiner. 

Daniel E. Colton. 

P. F. Tricon. 

H.E.Poland. 

G. L. Hall. 

William C. Harrison, P'hd. 

F. C. Gotlhold. 

J. Stdla Martin. 

David C. Labatt. 

Suinnicr Kutz. 

Edward C. Palmer. 

A. H. Craig. 

J. A. Lane. 

I. S. Wells. 

"William Henderson. 

J. L. Dunnico. 

Samuel Snodgrass. 

E. M. Harrison. 

T. & S. Henderson. 

M. P. Bobl). 

John T. Burr. 

J. P. Ganey. 

Samuel Delegall. 

Andrew ,J. Aiken. 

John W. Watt. 

J. W. Patton. 

E. C. Femour. 

Jenkins & Olmstead. 

James O. Kii'.dell. 

Joseph T. Carey. 

J. N. Harrison. 

Isaac T. Hiiitou. 

J.C.Patrick. 

W. A. Cantzen. 

J.C.Huhhell. 

H. Hamliurg. 

Chs. B. Upton. 

James Bc;j;j;s. 

John Broadwell. 

Ed. Ryan. 

Julius Aronis. 

Thomas P. Clinton. 

John C. Siniiott. 

G.A.Sanford. 

W.N.Calmes. 

S. Derbis. 

E. Wadany. 

F. C. Findra. 
W. D. Bedford. 
E. Sinnott. 
Samuel Bovd. 
M.l). F.H.Brooks. 

C. W. Stinde. 
John Wilson. 
W. F. (J.rurd. 
J. Ashbury. 
C.T. K(..(ier. 
Ohviu Wilson. 
S. E. Wyman. 
Samuel Mauuing Todd. 

D. Warren Hrickoll, M. D. 

E. H. A.lams. 
H. Brid-e. 
D. S. Biyon. 
Emett Lane. 
P. W. Leonard. 
Paul HuUer. 



John Rellett. 
Jacob Miller. 
M. Lehman. 

D. V. Benjamin & Co. 
J. F. Walter. 

L. B. Cain. 

J. .Alarks & Co. 

A. A. Greenwood. 
Eeni H. Brunet. 
John H. Ekert. 
F. Brunet. 
Thos. Connav. 
R.H.Y. Brunet, jr. 
J. Y. Howell. 

Dr. .7. M. Ferguson. 
F. M. Sheniwell. 

E. C. Murray. 

B. V. Brunet. 
Jessee Judson. 
P. C. Quinn. 
Jos. Johnson. 
Moses Delaplain. 
Amos Lewis. 
Eob. Hall. 

Jer. I). Hndsalle. 
Adolph Weber. 
John E. Harrison. 
Geo. M. Wagoner. 
S. Mendelshou. 
J. Youenes. 
Pbaschal X. Strong. 
J. A. Turrell. 
W. H. Hatchings, sr. 
L. E. Reynolds. 
Siim. Henderson. 
Jas. J. .Jones. 
Jacob Born. 
S. Schmidt. 
Wm. M. Goodrich. 
Jas. Pagans. 
Jno. P. Stagg. 
Felix Veau. 
H. Von Werthern. 
Stephen Gay. 
Hugh Wilson, jr. 
James Buckner. 
W. H. Smith. 
Louis A. Davidson. 
A. Punnaroux. 
R.S.Walker. 
A. Boremau. 
K. Morgan & Co, 
A. Morgan, jr. 
Sidney M. I'helan. 
Chas.'o. Colton. 
J. M. Roback. 
A. D. Geixas. 
Wm.E. Harral. 
Wm. G. Young. 
Jas. Y. Gray. 
H.Jarpar. 
Von Plinl Brothers. 
H.F..Iasi)ar. 
Jno. Finney. 
Henry C.Miller. 
Charles A. Johnson. 
W. M. Eandoli.h. 



E. H. Browne. 
Wm. W. King. 
R. H. Marr. 
Edward D. White. 
G. Campbell. 
Thos. L. Bayne. 
Patrick Faslej'. 
Peter Garvey. 
Frank Hardardt. 
Alfred Fredericks. 
HuohMeClosky,jr. 
William Jno. Thornhill. 
Mortimer D. Dunn, 
Casper ililler. 

:Mat. Gatfney. 
Nick Smyth. 
Kindreas Pauzler. 
T. J. Ford. 
J. H. Sherman. 
Patrick McKenna. 
W. J. Hennessey. 
Frank Yost. 
John G. Faecher. 
W.J.McCall. 
Thomas J. Carr. 
Wm. Mahoney. 
L. Kinney. 
P.Thibivilier. 
J. Fitzgerald. 
T. Hogium. 

F. Oswald. 
Eug. Martin. 
Charles Albert. 
George Jay. 

E. B. Hart". 

E. W. Eyshram. 

Peter Davis. 

J. Aug. Hagmame. 

Adam Gasser, on behalf of 

F. Gondon, at La. M. E. 

Ice Company, by E. W. 

Eysham. 
James Phillips. 
Dennis Murphy. 
C. Murphy. 
Patrick Murjdiy. , 
M. McNamara. 
Jos. A. ^Martins. 
Bob Bowdrick. 
E. C. Sanimer. 
•John F. Class. 
Thos. Bailey. 
John MacPire. 
Gustave Clauss. 
Joseph Weigel. 
T. Ciwper. 
J. Allison. 
C.R.Phillips. 
Wm. Ayres. 
Geo. H. Freeman. 
Wm. Kuo. 
T. O. Boyle. 
Peter Gibson. 
J. Ross. 

Rolier Morrison. 
M. Harris. 



CONDITIOX OF AFFAIKS IN LOULSLVNA. 49 

We, the undersigned, presidents of banks and insurance companies 
in the city of New Orleans, j)revented by imperative engagements from 
accompanying the committee of citizens who visit Washington for the 
purpose of presenting memorial and resolutions touching the political 
troubles of our State to the President and Congress of the United 
States, hereby signify our earnest sympathy and co-operation in said 
movement, and urge upon the President and Congress the necessity of 
extending the relief applied for by said committee as absolutely essential 
to the business, financial, and social welfare of our cit^' and State. 

THOS. A. ADAMS, 
President Crescent M. Innurance Conqxini/. 
' CHAS. BRIGGS, 
r resident Louisiana Im. Insurance Company. 
WALTER G. KOBINSON, 
President Mechanics and Traders' Bank. 
JAME8 DAY, 
President Sun Mutual Insurance Company. 
\Y. VANNORDEN, 
President Louisiana Savings Bank. 
r. IRWIN, 

President Hihernia Bank. 
CHAS. ENGSTFELD, 
Viee-Prcsident Teutonia Insurance Company. 
GEO. JONAS, 

President Canal Bank. 
SAM'L H. KENNEDY, 

President State Xational Bank. 

D. S. MISHEL, 

President of Gennania Insurance Company. 
, J. H. OGLISH, 

President Louisiana National Bank. 
C. CAVAROC, 
President New Orleans National Banking Association. 
AM. FORKER, 

President Bank of America. 
C. KOHN, 

President Union Xational Bank. 
H. DOANE, 
President Factors and Traders' Insurance Company. 

E. H. si:m:mers. 

President Crescent City Xational Bank. 



Exhibit C. 

Letter from S. B. Paclard. 

New Orleans, Louisiana, 

December 15, 1872. 
Honored Sir : A memorial has been dispatched to you, subscribed 
by a body of citizens calling themselves a committee of one hundred, 
in relation to the political affairs of Louisiana. Last evening a portion 
only of that number left here to emphasize the remonstrance by tbeir 
personal presence in Washington. The memorial o))ens with a premise 
which the delegation is necessarily impotent to maintain, to wit : That 
McEnery and his fellows upon the democratic ticket were elected. 
They and no part of them were agents in the election, or members of 
any board, but they confide simi)l3^ in the spurious returns, made by a 
spurious board, so declared by the United States circuit court, and im- 
in'ovised by Mr. Warmoth solely because he found himself a minority 
upon the old and judicially-recognized board. 1 deem it pertinent to 
H. Ex. 91- 4 



50 CONDITION OF AFF-URS IN LOUISIANA. 

state tbat the delegation is composed of old citizens of New Orleans, 
charged with all the political prejudices that usually distinguish that 
class in the South, and with such littk' contidence in the spirit of the 
Government to which they now prefer a claim for relief, that, in order 
to evade jury duty, they seldom register or vote. It is significant that 
so large a portion of the one hundred finally declined to undertake the 
mission to Washington. It is needful but to in(iuire of the delegation 
Avhat evidence it i)ossesses of the fact that ^IcEuery et al. were elected, 
in order to discover that it has no basis for the assum[)tion. The blacks 
of Lonisiana constitute the major part of the re[)ublican party, and 
are, with scarcely an exception, as zealous for its advancement now 
as when they were first enfranchised. They are republicans by the 
instinct of self ])reservation. Yet Mr. AVarmoth recites in a "message,'"' 
dated the 9th instant, that the total vote for governor, exclusive of 
the three parishes of St. James, Terrebonne, and St. Tammany, from 
which irregular and informal returns were received, amounted to 
128,402, an increase of 21,800 on the vote of 1870. The republican 
vote, estimating and adding the three omitted parishes at the same vote 
cast in 1870, is only 3,734, 2,401 below the vote cast for the rei)ublicau 
State ticket at the last election, and it is well known that thousands of 
republican voters throughout the State at this election supported the 
fusion ticket. A brief analysis of the })()lled votes of 1870 shows that 
the total white population, 301, l.K), census of 1870, cast 41,170 demo- 
cratic votes in the election of 1870; that the total colored population, 
365,345, census of 1870, cast 04,047 votes in the same election. On 
comparing the ratio of the total white population, comprisiii"- a large 
unnaturalized foreign elenient, to the white vote, we discover it to be one 
to nine, and by similar computation every fifth colored inhabitant is a 
voter. 

I challenge any evidence that even the smallest number of blacks 
voted the fusion ticket, as alleged by the governor. Mr. Warmoth's 
figures, (to wit, 3,734 rei)ublican votes lost,) if correct, would show a 
total loss in the colored po[)ulation since 1870 of 18,070, and 
a white gain in population of 100,740. Yet while the white 
l)opulation renmins numerically at a stand-still the colored popu- 
lation is constantly on the increase. These figures result from a multi- 
plication of 3,734 (republican votes said to have been lost) by five, the 
voting ratio as to that class, and 21,800 alleged democratic gain by nine, 
the voting white ratio. These are the figures presented in ]\Ir. War- 
moth's own "message;" but Warmoth's statement of the vote lost to 
the republican party and of that claimed to have been gained to the 
democratic, appears still more questionable when it is considered that 
the colored vote in the parishes heretofore regarded as turbulent has 
increased materially in 1872 over that of 1870. These parishes are as 
follows, as per returns by ]Mr. AVarmoth himself in both elections : 

Coloreil vote 1870. ("oloicd vote 1872. 

Bienville 93 424 

Clailwrne b:i2 930 

Franklin 220 260 

Jackson 300 502 

^Morcliouse 514 655 

liiclilaiKl 179 278 

.Saint Landry 302 1, 345 

Oatalioula 458 714 

This foregoing analysis serves to corroborate the charges lodged in 
the United States circuit court against a huge number of AVarmoth's 
election ollicers, charged with such ottenses as tampering with or dupli- 



CONDITION OF AFFAIRS IN LOUISIANA. 



51 



eating' ballot-boxes, seizing tliem by armed process, ejecting and in- 
timidating United States snpervisors, establisliing polls without notice, 
&c., as also the many tlionsands of affidavits by aggrieved citizens that 
they were wrongfully denied the rights to register and vote, are like- 
wise more clearly established by Mr. Warmoth's own statements, and, 
Avere any further evidence necessary to confirm these grievances, it 
7night ai)pear in the following communication (document A) of State 
Register Blauchard to United States Marshal Packard, as also iu the 
circular letter addressed by the same register to all the State supervisors 
through Louisiana, (document S, B.) 

Fully to realize the extent of the frauds perpetrated, we have but to 
examine the following table of the vote polled in the several parishes 
of the fourth congressional district, as returned by Mr. Warmoth's 
improvised board iu 1872, as compared with the vote cast in that dis- 
trict in 1870 : 



1870. 



1872. 



Parislies. 



Bossier 

Caddo. 

DeSoto 

Natcliitoclies 

Grant 

Rapides 

Avoyellt's ... 
Poiut Conpt'i 



Rep. 



Dem. 



Rep. 



Dem. 



218 
032 
069 
656 
389 
117 
340 



G:U 

1,214 

713 

345 

296 
1,187 

818 

285 



553 

1,576 

444 

550 

401 

1,]58 

1,260 

1,552 



952 
1,817 
1,450 
1,250 

516 
1,967 
1,813 
1,142 



10,02 



5, 492 



7,494 



10, 507 



These figures show a republican loss of 7-,554: votes in two years, ac- 
cording to Mr. Warmoth's own returns in both elections. In all of 
these parishes, as in many others of the State, the United States super- 
visors were driven from the polls and inhibited from scrutinizing the 
voting and the counting. I cite the fourth congressional district as 
presenting a fair token of the mischievous purpose of the W^armoth 
agents throughout the State. It will be observed that in 1870 all the 
parishes above recited were largely republican, and by the regular and 
judiciously recognized board are now returned with tiie following repub- 
lican majorities, this result being reached b^' such board, vested by law 
with authority to count the votes of those wrongfully denied, as pre- 
served according to law, and filed iu the United States circuit court, 
and to exclude such boxes as there was proof positive that they had 
been tampered with : 

Hossier 1,1.59 Caddo 559 

1)% Soto 333 Natchitoches 1,206 

Gran t 634 Rapides 871 

Avoyelles 599 j Poiut Coupee 362 

The average registered vote is not less than three colored to one white 
in the district in fpiestion. An especial method of aggrieving the 
voters was iu holding few j)laces of registration in a parish, as in the 
case of Kajjides and East Baton liouge parishes, where the supei'visor 
opened a ])lace of registration, and remained until he exhausted the list 
of white voters, when he would leave for another ])oint in the i)arish, 
where he would repeat his action. The State law permits a State su- 



52 CONDITIOX OF AFFAIRS IX LOIISIAXA. 



1 



pervisor to establish polling-plaoes in sucli numbers and at sneli points 
of tlie paiisli as he niny deem pro]ier; and this warrant was notcniously 
abused l)y ]\Ir. Warmoth's appointees, as in the parisli of Xatchitoches 
four polls were opened without due notice, and at inaccessible points, 
where there had never been less than eleven. 

The result of this insnfticieney of polls constrained many re])nblicaus 
to go from thirty to eighty miles in order to cast their votes. The legal 
points of the controversy have been so clearly received by the United 
States circuit conrt here, that I leel it to be unnecessary to dwell npou 
them in this communication, despite the vehemence of the memorial iu 
that regard. That the circuit court has abetted " an insurrection," 
countenanced " bad faith,'' or issued " high-handed orders," cannot be 
shown by the delegation now iu ])rogress uorthward. That its mem- 
bers have '' no party associations or combinations to disturb our (their) 
judgment," seems likewise to invite (juestion, since several of the mem- 
bers ha\e been most pronounced through the public prints and on the 
l)olitical ]>latform in denouncing the President and all those earnest to 
conserve the rei)ublican interests of Louisiana. Their speeches and sub- 
scribed essays have been envenomed with spleen, and it seems hardly 
jnobable that men who have declared the most ultra democratic views' 
up to the hour they subscribed the lemonstrance, could thus suddenly 
disavow " party associations " or " combinations." These men shared 
in the popuhir denunciation of Mr. Warmoth as a public enemy, (except- 
ing certain of their number who, as capitalists, conspired with him in 
Huctuating State warrants,) until he bartered for asylum in the democ- 
racy, he to be assured a seat iu the United States Senate, and that 
party to harvest the offices of the State through his legerdemain. Iu 
visiting AVashington, the delegation practically and by intent plead 
the cause of a gigantic fraud; the attempt of honest citizens to redress 
which through a Federal court has provoked the wrath which only 
battled partisans can feel. As specimens of the frauds attested to by 
thousands of affidavits, 1 call the attention to the certitied copies of 
depositions of Joseph W. Jones and Frederick L. King, and the state- 
ments under oath of Page and Ilusted before the chief United States 
supervisor, and on file in his office. (Exhibits F, G, II, and I.) 

In January last, wheu Mr. Warmoth environed the legislature with 
bayonets, the gentlemen com])rising the one-hundred committee were urg- 
ent in their appeals to rei)ublicans to secure a modilicatiou of what they 
termed the infamous registration and election laws; but wheu he (War- 
moth) became their confederate in seeking to de]»rive the republicans of 
this State of the rights guaranteed them by the Constitution, thej' called 
upon him to perpetuate in their interests the frauds against which they 
had clamored in 1870-71 ami the early winter and spring of 1872, 
Especially did they urge that he should not sign the reform bills passed 
by the legislature, and to such a recpiest he Avas oidy too willing to ac- 
cede. AVhile they were ])rompt in their deiumciations of frauds at 
elections oidy last January, they now insist that when such frauds i\re 
perpetrated in their interests, we shall not only have no redress for our 
grievances, but shall even quietly submit, without daring to appeal 
either to the courts of law or to thecoujuion sentiments of our people. 
Their immediate organ is the New Orleans Times, the proprietor of 
• which was recently charged by Lieutenent-Governor Piuchback, from 
the senate chair, with having besought, at midnight, an interview with 
the latter for Mr. "Warmoth, and with having, a few minutes later, waited 
in another room while Mr. Warmoth otiered the lieutenant-governor a 
bribe of $50,000 to join in the conspiracy. 



CONDITION OF AFFAIKS IN LOUISIANA. 53 

The same proprietor is also under inquest before tlie legislature as 
having leceived $80,000 iu State warrants, without due appropriation, 
for supporting Waraioth. Whether the delegation is, Avith such au 
organ, removed fiom the basis of " ]>arty associations" or combinations, 
and whether it is animated with a becoming spirit toward the Federal 
Government and its courts, nmy jtppear from the following few extracts 
among many in that journal during the i)ast fortnight. Exhibit C, the 
first article, relates to the delegation itself. Still further, to reveal the 
malevolence of the times, 1 submit, in the exhibit marked D, editorial 
articles and exceri)ts published at different dates, and but for the muti- 
lations of bound files of the sheet, aliuost daify assaults of au unseemly 
character upon the administration through the past four years could be 
presented. In token that the attempt made to forestall the determina- 
tion by the reguhir election board, and to seat upon the irresponsible 
certificate of the State register municii)al officers iu New Orleans, was 
au audacious violation of law, 1 have to cite the opinion of uo less a 
lawyer than Christian IJoselius, the leader of the Louisiana bar, invoked 
by Mayor Flanders, Plxhibit E. In the haste of preparing this letter, I 
have oiiiitted to state many facts which would more thoroughly estab- 
lish the mischief of which the delegation are apologists. I am satisfied, 
however, that enough has been said to suffice your immediate require- 
ments, and have the honor to remain, 

Verv respectfullv, vour obedient servant, 

S. B. PACKARD, 
Premlcnt State Central Committee. 

Hon. GEORaE H. Williams, 

A ttorney- General. 



ExiiiiJiT A. 

State of Louisiana, 
Office of State Eegistratiox of Voter.s, 

New Orleans, Xovemhev 2, 1872. 
Sin : Iu rc]»]y To your comiimnication of date, I nmst respectfully decline compliauce 
with your it-iiuest to appoiut one commissioner of election at each polling-place, from 
the rei)nblican party, at the general election to be held November 4, 1872. 

In regard to your second request, I have the honor to inform you tliat the list of 
polling-places iu this parish will be published in the official journal and other papers 
to-morrow, 3d instant. 
Very respectfully, 

B. P. BLANCHARD, 
State ItefjlKter of raters and Snperrtsor 

of Eegistration, I'arlsh of Orleans. 
Hon. S. B. Packaiii), 

President State J'epuMican Committee. 



ExiiiiJiT B. 

|Confi(l(-ntial.] 

State of Louisiana, 
Office of State Register of Voters, 

Xcw Orleans, October 24, 1872. 
Sir: In addition to the instructions contained iu Circular No. 8, frou this office, you 
are instructed— • 

1st. In counting the ballots after election, count first the votes cast for presidential 
electors and members of Congress, keeping separate tally-lists on the Form No. 1, pro- 



54 CONDITION OF AFFAIRS IN LOUISIANA. 

vided for that purpose, and makiug up and completing the statement of voti s for each 
poll, u))ou Form No. 1. Then close the box, reseal it, and proceed in a similar manner, 
until all the uational votes have been counted. Then proceed with the counting of 
the Slate and parish votes, bearing in mind the fact that the United States supervis- 
ors of election and deputy marshals have no right whatever to scrutinize, insi)ect, or 
be present at the counting of the State and parish votes. 

'2d. As soon as the count in each case is completed, telegraph the result to this office 
at once. Should there be no telegraph office at the conrt-liouse, dispatch a messenger 
by the quickest route to the nearest telegraph station. 

:3d. Tlie stationery, &c., furnished for each parish is to be equally distributed 
among all the polling-places, and at least one copy of the election laws must be fur- 
nished to each poll. 
Respectfully, 



L. E. Bkntlky, Esq., 

SiijK'rvi'ioy of licyistration, Farhh of Ascumou. 



B. V. BLANC HARD, 

State Ilcgisfer of Tottra. 



EXHIIUT C. 

[From the Xew Oilf-aus 'Ciiuess, U<>ft'niljt'r 1j. Istd.l 

(ioi) Si'Kicn ! — It is now perfectly plain that the radicals, both here and at Washington, 
are using every energy toward allaying popular excitement by stitling the voice of re- 
monstrance. Naturally feeling that the result of a ixquilar investigation must result not 
only in total discomtiture, but that it will also excite the ire of sill patriotic ])eoi)le of the 
country, no pains will be spared either in the way of intimidation or conciliation to 
smother up the outrage perpetrated on oiu- lil)erties. Even Attorney-(u>neral Williams 
fully betrays this in his anxiety regarding the committee appointed to visit Washing- 
ton ; he can withstand anything but that. He knows that Congress adjournson Decem- 
ber 20, and if he can only delay their arrival until that event has passed, the adniiuistra- 
tion will be sure of their victory. This is why he advises Colonel McEnery so pertly 
and pointedly on the subject; this is why he, oddly enough, takes such prompt mea- 
sures to answer the memorial to the same purport. " Complain as much as you please, 
only keep away from Washington until after Congress adjourns," is the plain and only 
inter])retation to be given to Mr. Williams's dispatches. Now, fellow-citizens, this 
should not and must not be allowed, After having been despoiled of our liberties, you 
must not permit yourselves to be intimidated from protesting. General Grant, by. virtue 
of his power, can do many arbitrary things, but he cannot shut the door of Congress iu 
your face ; he cannot prevent the Supreme Court from taking cognizance of your case, 
and he cannot interdict a pure and fair exposition of the outrages he has .sancticmed in 
Louisiana from being laid before the American people. Strcmg as our enemies have 
been in carrying out their schemes by virtue of trickery combined with brute force, here 
is a latal elemcmt of weakness developed which Mr. Williams's jietulont haste fully de- 
monstrates. Here is the rift in the cloud of your troul)les through which the sunshine 
of restoration is to be seen; here is the vulnerable si)ot in the laazen armor, through 
which the weapon of truth is to pierce on its fatal mission. We can therefore assure 
the committee that their mission, if not delayed, ])roinises the nmst auspicious results. 
The gentlemen composing it plainly have it in their power to accomplish what every 
other agency invoked in our defense has failed to do. Let them depart to-day, bear- 
ing with them not only the destinies of our State, but the earnest prayers and good 
wishes of its people; let the same people take pains to be at the depot to cheer them 
on their mission. The voice of remonstrance, it appears, is alr»%ady echoing through the 
portals of the White House, and erelong its thunders will be re-echoed from every hill- 
top in the land. It is not the ])rovince of truth and right to remain, pulseless and 
powerle.-s at the foot of Avroug and oppression; the whole tone and tcmixT of the civ- 
ilization we live in renounces such a fatility. Therefore, keep the agitation alive, and 
determine that the apathy which has heretofore been our curse, and which is still 
our reproach everywhere, shall no longer paralyze our efforts. Be of good cheer, citi- 
zens ; your committee commenced, represents a great outraged ]>rincii)le ; beginning, 
it will soon grow into a crusade more potent to ciieck usurpation than all tlie futile 
efforts lately wasted on a fruitless camjiaign. Little dangers ottcn prove more serious 
than great ones, and so the administration is destined to learn to its cost. 



CONDITION OF AFFAIRS IN LOUISIANA. 55 

[New Orleans Times, December 15, lil2.] 

C.viJiiiAGO KST OKi.KXDA. — It is impossible that tli^ American people oaii be kept 
loujr ijinoraut of the facts or iudifierent to the wretched con<Utiou to which this State 
and people are reduced by the recent ontraujes perpetrated on tliem by a corrnpt ring 
of political adventurers, aided by a judicial confederate and the arms of the United 
States. 

This is the government which has been forced upon the people of the State of Lou- 
isiana, thron^ili an order in chanciiry of a petty judge, enforced by the arms of the 
Federal Govcrumciit ; and these are the facts, under which this outrage has been con- 
summated, n[)()n which the American people must now declare their convictions and 
judgment. 

If such transactions can obtain their approval and support; if the precipitate and 
evidently ignorant sanction given by tlie authorities at Washington be sustained by 
them, then is the emjiire inaugurated in the place of the once proud republic, and 
Louisiana converted from a rich and prosperous State into a negro province, ruled by 
the satraps of the central authorities. 



[Xfw Orleans Times, December 8, 1872. J 

GiiminiD. — The order of Judge Durell, a petty judge of the United States, the pliant 
tool and instrument of the corrupt and unprincipled ring of partisan tricksters, who 
for years past have kept this city in a state of revolution and anarchy, is applauded by 
the pimps and pensioners of the custom-house as the emanation of a lofty courage and 
patriotic spirit. The courage referred to is that which is commonly designated Dutch 
courage, and the spirit which inspired such heroism may be obtained at any corner grocery. 

No one questions Judge Durell's decision of the case argued before him. Contemp- 
tible as are the reasonings and feeble as are his efforts at logical deduction in the judg- 
yient, we should not, in the exercise of our duty and a proper respect for the incumbent 
of a judiciary seat, regard it within our province or right as citizens to impugn the 
motives or denounce o|)inions therein expressed. 

But it is for the midnight, burglarious assault upon and occupation of the State- 
house, done by his orfler ; it is for the tiagrant misstatements and usurpations expressed 
in that oider ; it is for the indecent refusal to hear a motion i-elating to that 
order, respectfuUj^ asked by a solicitor in his court; it is for his assumption of 
the duty of maintaining the peace, a duty nowhere assigned to him by law% and exer- 
cised in contempt of the authority of the lawful peace officers of the State — that such 
order issued at midnight and before the rendition of a judgment in a case pending, and 
executed by the soldiers of tiie United States Army, before even an attempt had been 
made by the civil power. It is for these acts he deserves, and we fervently hope he 
will be constitutionally gibbeted before the American people, as the object of their 
eternal scorn and detestation. No man so recreant to his true duty as a judge, and so 
false to freedom, can retain, in the slightest degree, the respect and confidence of a 
liberty-loving people. 



[Xew Orleans Times, December 0, 187-2.J 

m 

Thk srriATiox axd the duty ok manhood. — It will be seen that Judge Durell still 
])ersists in his nuindlin madness. The conspirators having, in a caucus held in some 
(lark corner of the custom-house, made up a list of the most ignorant and corrupt 
members of their own wing to be found in the State, and, regardless of the only returns 
which liave ever been made of the last election — returns showing overwhelming nni- 
jorities against their ring -Judgt^ Durell ordered their instalhition, and recognized them 
as the sovereign power of the State of Louisiana, and enjoined all other, especially 
those who hold the legal and notorious returns, from meeting as a legislature. 

We trust that this injunction will be disregarded, as the ebullition of a delirious and 
unscrupulous assault on the liberties and rights of this people. The freeman who 
shrinks before such an order is faithless to his State and the people who elected him. 



If the regularly-elected legislature of the State of Louisiana meets to-day, in ac- 
cordance with the governor's proclamation, Judge Durell will enjoy the exceptional 
honcu- of having his authority treated with more general contempt than ever fell to 
the lot of a judge since the days of Jeffreys. He will probably enjoy it ; but, as the 
old woman says, there is no accounting for tastes. 



56 CONDITION OF AFFAIKS IN LOUISIANA. 

Anna Dickinson's famous question, "After Giaut, what ? " can now Ije satisfiictorily 
answered. After Grant — Diuell. 



If any anion^' the people of Louisiana still hug to their souls the impression that this 
is a land of liherty, let them dismiss that itlea forever. Ruthlessly despoiled of their 
franchise", their State-house in possession of United States troops, and their fjovern- 
mcnt interdicted from exercising its functions, the less they indulge in any such ridi- 
culous fallacies the better. No people ever breathing God's air were more esseatially 
slaves than they are to-day, since where the judiciary is subserved to political abso- 
lutism there is no freedom existent even in name. 



.Judge Durell, dictator though he be by the force of his injunctions, backed up by 
Uuited States bayonets, has yet limits to his powers, fle can eujoiu the acts of all 
tiui people of this State, but he cannot enjoin their opinion of .Judge Durell. He can- 
not enjoin them from regarding him as a j)liaut tool of despotism who does not hesi- 
tate to prostitute the judicial ermine to partisan purpose. He cannot i)reveut theui 
drawing a i)arallel between his own ideas of right and wrong and those of his proto- 
type, the English Jeli'reys. He cannot enjoin tluuu from seeing in his comluct all the 
impulses of a Cataliue and Titus Oates combined. Nor in his attitude the shameful 
pride that rejoices in earning the enmity of his contemporaries, thus pointing one of 
the most ini'iuitous morals that ever blackeued the pages of history. 



[Xlmt Oilcans Timi's, December 8, 187-2.] 

'• HuNiJ 15E THE HEAVKNS IN BLACK." — An occasion more deeply solemn, nu)re sadly sug- 
gestive of the march of irresponsible and aggressive authority than that which at present 
commands the attention of our people, never before occurred in the history of Louisiana. 
In the checkered annals of the ))ast there are many records of calamity to the people of this 
State — records in which war, flood, and pestilence have ])rominently tigurcd — but such 
dispensations were always nu't with the heroism of high nuxnhood, and that spirit of 
resignation which is one of the most noted attributes of Christian civilization. While 
forced to l)ow to the inevitable, our people cannot witness unmoved the encroach- 
ments on their ))olitical and civil rights perpetrated during the past few days in the 
juostitnted names of law and liberty. After years of misrule, brought on and sus- 
tained by Federal interference, they had at last hailed what they cousidered the dawu 
of a better day, and, in the honest exercise of their electoral prerogatives, had secured 
the return of retbrm legislative and administrative ofticers. But the spoilers and con- 
s]iirators looked on the triumph with alarm. Tlu\y longed for the plu^uler which, with 
baiulit audacity, they had so long ai)i>ropriatcd to their own behoof, and swore in their 
wrath that the triumph which the peojile, through the ballot, had secured, should be 
wrested from them through the decree of a judicial JetlVeys and the resistless force 
of the unthinking bayonet. This oath, joyfully registered by the arch-fieiul in Hades 
has been carried out. thus" iar, to the very letter. Conspiracy, fraud, and usurpation 
are now in the ascendant, and justice, tied to brutish beasts, wallows darkly in the 
mire of corruption. 

Fearful of anarchy, and incai>able of righting their wrongs through revolutiiui, the 
peoi)le, still hoping against hoi)e, are now called upon to make their ]»rotest again.st 
fraud in a nuinner so solemn ami impressive as to arrest the attention not only of the 
J'resident at Washington, but of the friends of republican self-government in this and 
other countries. 

Tlie fact that the radical ticket was largely and honestly defeated in the late elec- 
tion, only knaves and cons])irators will pretend to doubt. Nor can there be any ques- 
tion as to the base radical attemi)t to reverse the ])oi)ular decree, and defraud the people 
of the fair and coustitiitioual fruits of victory. These are facts so ])atent that he who 
runs may read. With Federal courts and bayonets against us, resistance is useless. We 
must tlu-n resort to some means — the best available — to reach the great heart of the 
American people and iind in it our ally. Noisy, boisterous remonstrance will not 
av.ail. 

Let us make Monday a day of mourning and of solemn protest. "Hung be the 
heavens in black." Let our enemies feel that the public huger is pointed at them, and 
the public conscience has recorded its auatheuui. Let the stores be closed. Let the 
hum of business for one ;lay be checked. Let tlui church-doors be opened, and prayer 



CONDITION OF AFFAIRS IN LOUISIANA. 57 

ascend to the Kino; of kings. Our case is one in which we are helpless without the aid 
of the Mij-hty. If a protest tlius solemnly and sincerely ennnciated against the eu- 
croachuients of nnanthorized oppression and corrnption be not effective, then is Ameri- 
can liberty a myth, and republican self-government a base delusion ! If liberty in this 
laud is to be buried, let Monday's meeting be a funeral. 



TnK ciu)wisiNG INKAMV. — The returning board created by Judge Dnrell to canvass 
the election returns for members of tlie legislature has illustrated the atrocity of this 
conspiracy of the custom-house. The installation of such a legislature, with Kellogg 
for governor and a venal negro for lieutenant-governor, will be the death-knell of all 
reform, progress, and prosperity in this State. It will be the blight and ruin of Louis- 
iana. It will deliver the siiiall remnant of our ])roperty and interests into the hands of 
the vile crew, recruited witli new nud half-l'amished wolves. 



[Ne\s- Oilciiiis Times, October 29, 187-2.] 

Now, as to Grant's policy. What is it? Colonel Williamson says it is ''tlie grand 
unity of the couutry and the Government." We say it is the unity of centralization 
and of force; the ambition to make all military and civil authority center in his per- 
son ; the lawless greed of avarice ; the ruthless rule of rings ; the weak nepotism 
which sacrilices competency to relationship, and the interests of the country to clan- 
ship in its basest form. 

Some marvel much that Colonel Williamson should become enamored of such a 
policN'. Few southern men, with such antecedents as his, could be found to accept 
Grant and Grantism as he has accei)ted them ; hence, the question arises whether he, 
too, has not been taken to the top of some exceedingly high mountain, and discovered 
tlierefrom a political or professional Canaan, through AMiich railways stretched to the 
east and to the west, and streams meandered, " whose foam is amber, and whose 
sands are gold." 

To the yielding members of his political and military family Grant is sufficieutly 
grateful. While chiding any approach to independence on their part, he has little hesi- 
tancy in billeting the faithful on the public crib. All that he asks is, that his own 
ac(inired tilthy lucre and "the mighty space of his large honor " be not touched by 
the operation. He likes his country well, his fauiily better, and himself best. These 
are the degrees of his political and constitutional comparison. The first he likes jiosi- 
tively, for its beneticence ; the second comparatively, for blood and service ; the third 
superlatively, for in that he eats and drinks and smokes, receives gifts, indulges his 
api)etite, and is ambitious of continuing a rule which has run so near to ruin. 

Yet Colonel Williamson declares for Grant I 



[New Oileaus Times, July 31, 187-^1 

Never before did the Chief Magistrate of the republic occupy a position so low as 
that now held by Grant. The feeling of distrust and dissatisfaction against him is all 
but universal, and would be entirely so, but for the influence of interested officials and 
debased jtoliticians. Analyze the popular cry, "Anybody to beat Grant," and in it will 
be found the very superlatives of condemnation. This condemnation is, to the popu- 
lar mind, the legitinuite result of that stubbornness and stupidity which have been the 
]uime characteristics of the (irant adunnistratiou, and which, in case of a re-election, 
would beinaintained in a still more exaggerated form for another term. Hence the 
cry, "Anybody to beat Grant!" He con no longer be trn-itcd in the high jmsilion he has 
cli><graeed. His stubboruuess and stupidity must be got rid of at auy ijrico. 



[Kew Oilcans Times, October 18, 1872.] 

Gk.vnt .VXD GH-vrnrDE. — The New York Evening Post still urges the election of the 
greedy Grant on the score of gratitude. It contends that the republic owes him an 
immense amount for the sacrifices he made on her behalf, and should wipe out by un- 
paralleled maguanimiiy that suspicion of republican ingratitudts which has passed 
into a proverb. Before admitting the full force of the argument as stated, it might 



OO CONDITIOX OF AFFAIRS IX LOUIkSIANA. 

not Ijc unprofitable to inquire wbetber the country is really indebted to Mr. Grant. 
Granting tliat be was fortunate enougb to receive the suord of Robert E. Lee, to wbom 
is gratitude for tbe position due tbrougb wbicb he achieved that honor? Grant is no 
Cincinnatus, taken from tbe plovr to redeem tbe fortunes of a state, and who, after 
performing his great Avork, returns to bis bumble duty. He is Ulysses. He was taken 
ten years ago from a tanner's bench, where he made, perhaps, $800 per auuum — inde- 
pendent of solids and fluids — and was placed at tbe bead of tbe largest army that 
ever was gathered together in modern times. Tbe instruction which fitted him for 
this position was paid for by tbe republic : the questionable propriety of placing in 
such a position a man possessed of but a single military virtue was a matter de- 
termined in bis favor by tbe republic. How far his individual efforts were successful 
in bringing tbe war to a conclusion has not yet been determined by military critics, 
but the popular conviction entertained by all, save bis special political friends, is by 
no means favorable to a high award. He has, however, not been dealt with ungrate- 
fully, even admitting that the critics are in error, and that he is possessed of rare sol- 
•lierly elements beside that of bull-dog tenacity of purpose. He has been presented 
with houses at Galena, Washington, and Long Branch ; and with stocks and bonds to 
an unlimited extent. On him was bestowed the highest civil office in the gift of the 
American people. He is waited on by servants in livery, driven about at the public 
exjiense in a gilded coach ; he is supposed to be slightly interested in gold and other 
corners, and he has quartered on the country an innumerable nepotistic host — and all 
this is tolerated to show that republicans and tbe republic are not ungrateful. Is it 
necessary to go still further ? Is H essential that the jnoplc shall humiliate and impoverish 
themselves for four years loiic/er to jn'ovc their ffratitiide for Grant? We trow not. He has 
had enough. Let him step aside, that gratitude may lind some more legitimate outlet. 
Let Greeley take bis turn. 



[Xew Oilf ans Timi's, July 29, 1,-72.] 

Such are sOlneof tbe many disgraces which have been brought on this proud repub- 
lic hy the great folly of elevating to Hs Chief Magistracy a boorish sohlier, whose ignorance 
of the laws, usages, and policies of nations and the duties of government is only equalled hy 
the perverxity of his favoritism and the intensity of his egotism. It was this folly which 
the mad Roman emperor so bitterly satirised by inventing his favorite charger u-ith the inqtcrial 
purple. 



(Xew Orleans Times, October 2"i, 1872.] 

The re-election of General Grant, should such a misfortune occur, will virtually in- 
<lorse every step be has taken outside the Constitution and secures to him every j)ower 
be has wrongfullj' usurped. His future administration, judging by tbe past, is likely 
to be tbe most corrupt ever experienced. Tiie same unwarranted means used to secure 
a second term may be quite as unscrupulously used to enforce a third, and beyoiul that 
no patriotic eye dare penetrate. Whether the ))eople will ever be ready to follow Mr. 
iScburz's advice, given at tbe same time, to " fight fire with fire, and force with force," 
is extremely problematical ; as a general thing it is only tbe poor who rebel ; tbe pros- 
pferous never. Xo doubt our form of government is destined to some changes, but for 
a generation at bast, these will tend toward centralization and consolidation, aiming 
more at the i)erfection of a strong nation than a free ]ieople. 



[Xew Oili-au.s Times, October 29, 1872. | 

lite history of radicalisin in the South is a hii^tory replete with recitals of audacious fraud, 
unblushing corruption, and recklens disregard of the rights of organized communities. State 
governments have btuMi overthrown, and city governments have been subverted, in 
order to satisfy the rapacity of the leaders and organizers of tbe radical party. Of 
that party Mr. Kellogg was, and still remains, one of tbe most conspicuous chieftains. 
He is the chosen candidate of the custom-house party, which has disgraced our State, corrupted 
our legislature, and reduced the Stale to the rergc of bankruptcy and ruin. If it is once more 
successfnl, chaos will come again. Whatever is bad in our condition will be made 
worse. Whatever remains of hope for improvement will be utterly crushed out and 
destroyed. No man that professes to Avisb for reform, in tbe city or in tbe State, can 
vote for the Kellogg ticket. If there is a man for whom a national reformer cannot 
vote, that man is Senator Kellogg. If there is a man for whom a State reformer can- 



• CONDITrON OF AFFAIRS IX LOUISIANA. 59 

not voio. that man is Senator KeUi>n;<>'. If tliei'O is a man foi- whom a city reformer 
cannot vote, that man is Senator Kellogg-. He combines in his own attitnde all that 
there is of evil in the past and of danger in the future. JJe is fhe chosen instniment of 
Grant to canij this State atjaiust the national reform partj). He is the trusted agent of the 
custom-honse party to perpetuate the disgraiicful rule of corrupt legislative rings. He 
is the ally through whom the radicals expect to gain possession of the city and parish 
government, in opposition to the wishes of the jniblic, to be expressed at tlio polls. 
While reformers are discussing the best means of re-establishing the credit and pros- 
])erity of the city, let them not forget that all will be vain and futile, unless they do- 
feat the Kellogg- ticket in its conspiracy against the State. 



|Xi'w Oileaus Tiuu s, July 12, 1872.] 

T;ii: Caxdidates. — The Boston Globe, an out-and-out administration paper, inti- 
mates that " Grant is to be elected not lor himself, but as the representative of great 
and worthy ideas." It finds evidence of this " in the foct that personally he has no 
})opnlarity, no individual magnetism, attracts no one to him by sympathj^ of taste, oc- 
cupation, or thought," and that he is " too taciturn and engrossed to make followers iu 
the light of personal friemlships." 

< Jtlicrs will find in these same facts evidence that he should not and trill not be elected. 
Wrapped up in selfishness, tliere is nothing in his nature or conduct calculated to elicit a f/en- 
erous odthurst of popular sympathy. Four years ago he was elected //iroHjr/i a /a/se /n*- 
pressioit. He had been credited with the greatest successes of the war, and under an 
idolatrous spirit of hero-worship, was elevated to a position for which he had not thi-, 
.slightest natural or acquired fitness. 

In the isolation of military dictatorship, his silence -was regarded as golden and his 
stolidity passed for wisdom. Even Lincoln, shrewd observer as he was, found virtu- 
in his owlish pertinacity and dogged obstinacy, and concluding that there must b;' 
some jieculiar virtue in the whisky that he drank, recommended other generals tj pur- 
chase some of the same brand. 

In the camp he was too far removed from the public, and even from the armies ht^ 
controlled, to be closely scanned or fairly judged. The lives of the men he moved as 
pawns in the game of war were as nothing to him. He sacrificed them often, without 
necessity and without compuuction. His greatness as a soldier rests chiefly on tin- 
fact that so great a soldier as Lee surrendered to him ; but when resistless force on the 
one side, and exhausted resources on the other are fairly considered, the merits of tho 
achievement are dwarfed amazingly. 

Thus it appi ars that when formerlj- elected the man of the bayonet had his few 
claims to an hoiu^st personal popularity as he has at present. The unknown rather 
than the known of his war merits elected him ; the imaginary rather than the real 
nmde him tiie successful hero of the hour. That era has however passad. The gilded 
threads of the epaulette have faded ; the blood on the bayonet has dried, leaviug noth- 
ing but a purjile stain, (irant now is simply Grant, with no marjnetism to attract, n^ ties 
hut those of official f/recd, and associated interest against the people, to commend him an his 
oirn successor. 



Exhibit E. 
OPINION OF HON. C. EOSELIUS. 

/ New Orleans, Novemher 29, 1872. 

Hon. Bex.ja.aiix F. Flandi:ts, 

Mayor and the Administrators of the City of New Orleans. 
Gentlemex : You request my opinion on the question whether the certificate of B. 
P. Blanchard, State registrar of voters and supervisor of registration of the pari.sh tf 
Orleans, is a suflicient authority to entitle the mayor and administrators elect to qual- 
ify and enter on the discharge of the duties of their respective offices. 
That certificate is as follows : 

"State of Louisiaxa, 
" Ofi-k'e of St.\te Registkar of \'(>TEH,S, 

"Xew Orleans, Xorember 27, 1872. 
• Hon. L. a. Wiltz: 

•' Dk.vr Sir: In reply to your re(|uest of this date, I have tho honor to inform you 
that from the most reliable sources of information accessible to this office, the vote for 



60 CONDITION OF AFFAIRS IN LOUISIANA. 

the office of ijaayor of the city of New Orleans, ca.st in this parish at the geueial elec- 
tion of the fourth instant, was as follows : 

" L. A. Wiltz receiveil 23,89G votes ; W. K. Fish received 12,984 votes. 
" I am, sir, very respectfully, 

"B. P. BLANCHAKD, 
" State liegisirar of Voters and Si(2)ervi>for of liifjistratioii, Parish of Orha»s." 

It is perfectly clear tliat this certificate does not entitle the Hon. L. A. Wiltz to enter 
into tlie office of mayor. Mr. Blanchard has no authority, officially, to issue such a cer- 
titirate. 

The election took place under the law approved on the 16th March, 1870, entitled 
"An act to re<;ulate the conduct and maintain the freedom and purity of elections," &c., 
■fehe fifty-third and fifty-fourth sections of which jirovide " that immediately upon the 
close of tlie polls on the day of election the commissioners of election at each poll or 
voting place shall seal the ballot-box by pasting slips of paper over the key- hole and 
the opening in the top thereof, and fastening the same with sealing-wax, on which 
they shall impress a seal, and they shall write the names of the commissioners on the 
said slips of papers ; they shall forthwith convey the ballot-box so sealed to the office 
of and deliver sai<l ballot-box to the supervisor of registration for the parish, who 
shall keep his office o])eu for that purpose from the hour of the close of the election 
until all the votes froui the several polls or voting places of the precinct shall have 
heen received and couided. The supervisor of registration shall, immediately upon the 
receipt of said ballot-box, uote its condition and the state of the seals and fastenings 
thereof, and shall, when in the ])reseuce of the commissioners of election and three 
citizens, freeholders of the parish for such jxiH or voting place, open the ballot-l)ox and 
count the ballots therein, and make a list of all the names of the persons and offices 
voted for, the number of ballots in the box, and the number of baUots rejectetl, and the 
reason therefor. Said statement shall be maile in triplicate, and each copy thereof 
shall be signed and sworn to by the commissioners of election of the poll, and by the 
supervisor of registration. As soon as the su]»ervisor of registration shall have made 
the statement above provided for for each poll in his precinct or parish, and it shall 
have been sworn to and subscribed as abov(^ directed, the supervisor of registration 
shall inclose in an envelope of strong paper or cloth, securely sealed, one copy of such 
statement from each poll, and one copy of the list of p(!rsous voting at each poll, and 
one copy of any statements as to violence or disturbance, bribery or corrni)tion, or 
other offenses specified in section tweutj'-nine of this act, if any there be, together with 
all meuioranila and tally-lists used in making the count and statement of the votes, 
and shall send such package by nuiil, jiroperly and plainly addressed, to the governor 
of the State. The supervisor of registration shall send a second copy of said statement 
to the Governor of the State by tlie next most safe and speedy mode of conveyance, 
and shall retain the third copy in his possession. 

"Sec. 54. Be it further etiaetecJ, iS'e., That the governor, the lieutenant-goveruor, the 
secretary of state, and John Lynch, and T. C. Anderson, or a majority of them, shall be 
the returning officers for all elections in the State, a majority of whom shall constitute 
a quorum, and have power to make the returns of all elections. In case of any vacancy 
l>y death, resignation, or otherwise, by either of the board, then the vacancy shall be 
filled by the residue of the board of returning officers. 

"The returning officers shall, after each election, before entering upon their duties, 
take and subscribe to the following oath before a judge of the supreme or any district 
court : 

" '1,A. B., do solemidy swear (or affirm) that I will faithfully and diligently perform 
the duties of a returning oflicer as i>rescril)ed by law ; that I will carefully and honestly 
canvass and comjiile the statements of the votes, and make a true and correct return 
of the election. So h(d|> me (Jod.' 

"Within two days after the closing of the election, said returning officers shall meet 
in New Orleans to canvass and compile the statements of votes nuide Ijy the supervi- 
sors of registration, and make returns of the election to the secretary of state. They 
shall continue in session until such returns have Ijeen completed. The govermu' shall 
at such meeting oi)eM, in the presence of the said returning officers, the statements of 
the snpervisors t)f registration, and the sanl returning officers shall, from said state- 
ments, canvass and compile the returns of the election in duplicate. One copy of such 
returns they shall file in the office of the secretary of state, and of one copy they shall 
make public prochuuation by i)riuting in the official journal and such other news- 
papers as they may deem ]iroper, declaring flu; names of all persons and officers voted 
for, the number of votes for each ])erson, and the names of tlie jiersons who have lieen 
duly and lawfully elected. The ictiinis of the elections thus made and ])roiiiiilgated 
shall lie jnima facie evidence in all the courts of justice, and before all civil officers 
nntil set aside, after a contest according to law, of the right of any person named 
therein to hold and exercise the otlice to which he shall by such return be declared 
elected. 



COXDITIOX OF AFFAIKS IN LOUISIANA. 61 

"The g-ovcriior sliall, witliin thirty days after, issue comtuissioius to all ollicers thus 
declared elected, \Yho arc re(iuired by law to be coniinissioned." 

Here the duties of the supervisor of registration aud those of the retnruing officers 
of the election are pointed out in language too clear to be misunderstood. Until a 
return of the election lii'.s been made in the manner here directed, the successful can- 
didates cannot claim tlie office to which they have been elected. 

Even after the return of the election has been made in legal form, the officers elected 
cannot enter on the discharge of the duties of their offices until they have been com- 
missioned by the governor. 

Ey the twenty-eighth section it is provided "that the governor shall commission all 
officers elect, except members of the general assemblj^ and the governor." 

It cannot l)e said that tiiis section refers to State officers alone, for the first section 
of the act provid(!S, in express terms, '"that all elections for State, parish, and judicial 
officers, niembers of the general assembly, and for members of Congress, sliall ba held 
on the first Monday in November, and said elections shall be styled the general elec- 
tions. 

"Tliey shall be held in the manner and form and subject to the regulations herein- 
after prescribed, and no otiier." 

A commission issued V>y the governor before the returns of the election have been 
made in legal form is a mere nullity and can produce no legal effect whatever. Bat in 
this instance no commission has been issued. 

The aet passed by the last legislature, entitled "An act to regulate the conduct and 
maintain the freedom and purity of elections," &c., was not in force when the election 
took place, and th(;refore has no application to it. The idea that a pare of an election 
may be regulated by one law, and another part by a law approved subse(iuently, is, in 
my opinion, entirely inadmissible. 

Besides, I do not think the governor has the power to approve a law passed by a 
legislature which has ceased to exist; he could certainly not return such a law with 
his ol)jections to the new legislature; aud the approval by the governor on the 20th of 
November, 1872, could not revive it. The Supreme Court went quite far enough when 
it decided that the governor Jiad the right to approve a law after the adjournment of 
an existing legislature. But I do not think that that high and intellectual tribunal 
will ever hold that the approval by the governor can give life to a law which has ceased 
to exist before such .apprpval. 

But if the act could be considered in force and applicable to this election, the objec- 
tions to the certificate of Mr. Blanchard would be equally fatal. By the forty-third 
section of that act it is provided "that immediately upon the close of the polls on the 
ilay of election, the commissioners of the election at each poll or voting place shall 
l)roceed to count the votes, as provided in section thirteen of this act, aud after they 
shall have so counted the votes and made a list of the names -of all the persons voted 
for, and the offices for which they were voted for, and the number of votes received by 
each, and the number of ballots contained in the box, and the number rejected, and the 
reasons therefor, duplicates of such lists shall be made out, signed, and sworn to by 
tlie commissioners of election of each poll, and such duplicate lists shall be delivered, 
one to the supervisor of registration of the parish, and one to the clerk of the district 
court of the i)arish, and in the parish of Orleans, to the Secretary of State, by one or 
all such conunissioners in person, within twenty-four hours after the closing of the 
])olls. It shall be the duty of the supervisors of registration, within twenty-four hours 
after the receipt of all the returns for the different polling places, to consolidate such 
returns, to be certified as correct by the clerk of the district court, aud forward the 
consoli<lated returns with the originals received by him to the returning officers pro- 
vided for by section two of tins act, the said report and returns to be inclosed in an 
envelope of strong paper or cloth, securely sealed and forwarded by mail. He shall 
forwaril a copy of any statement as to violence or disturbance, bribery or corruption, 
or other oiienses specified in section twenty-six of this act, if any there be, together 
with all memoranda aud tally-lists used in making the count, and statement of the 
votes." 

And by sections two and three it is enacted "that five persons to be elected by the 
.senate, trom all political parties, shall be the returning officers for all elections in the 
■State, a majority of whom shall constitute a quorum, and have power to make the 
returns of all (dt'ctions. In case of any vacancy by death, resignation, or otherwise bj' 
either of the board, then the vacancy shall be filled by the residue of tlie board of 
returning officers. Tlie returning officers .shall, after each election, before entering on 
Their duties, take and subscribe to the following oath before a judge of tiie supreme or 
any district court : I, A, B., do solemnly swear (or affirm) that I will faithfully and dil- 
ligently perform the duties of a returning officer as prescribed by law; tliat I will 
carefully and honestly canvass and ccnnpile tlie statements of the votes, and make a> 
true and correct return of the election : So help me God. 

"Within ten days after the closing of the election said returning officers .shall meet 
in New Orleans to canvass aud compile the statement of votes made by the coinmis- 



62 CONDITION OF AFFAIR.S IX LOUISIANA. 

siouers of election, and make returns of the election to the secretary of state. They 
shall continue in session until such returns have been compiled. The pi'esidiug officer 
shall, at such meetinji, open, in the ])resence of the said returning officers, the state- 
ments of the connnissioners of election, and the said returning officers shall, from said 
statements, canvass and compile the returns of the election in duplicate ; one co})y of 
such returns tlu'y shall file in the ot'tice of the secretary of state, and of oue copy they 
shall make public i»roclamation by ]irinting in the official Journal and such other news- 
papers as they may deem proper, declaring the munes of all persons and olticers voted 
for, the number of votes for each person, and the names of the persons who have been 
duly and hnvfuUy elected. The return of the election thus made and promulgated 
shall be prima facie evidence in all courts of justice, and before all civil officers, until 
set aside after a contest according to law. of tiie right of any j)erson named therein to 
hold and exercise the oHice to A\hicli he shall by such return be declared elected. 
The governor shall, within thirty days thereafter, issue commissions to all officers thus 
declared elected, who are refjuired by law to be commissioned. 

" Sfx. 3. Be U further i)HtdKl,^c., That in such canvass and compilation the returning 
officers shall observe tlie following order : They shall compile, tirst, the statements 
from all polls or voting-jdaces at which there shall have beeu a fair, free, and pe:icea- 
ble registration and (flection. ^\'henevei', from any ]toll or voting-place, tliero sluill be 
received the stateuuMit of any su])ervisor of registration or commissioner of election, 
in terms as requiied by section 26 of this act, on affidavit of three or more citizens, of 
any riot, tumult, acts of violence, intimidation, armed disturbance, bribery, or corruj)t 
intlneuces, which jirevented, or tended to prevent, a fair, free, and ])eaceable vote of 
all qualilied electors entitled to vote at such poll or voting-place, such returning offi- 
cers shall not canvass, count,orcompih; the .statement of Aotes from such i)o!l or voting- 
place until the statements from all other polls or voting-places shall have been can- 
vassed ami couipiled. The nsturning officers shall then proceed to investigate the 
statements of riot, tumult, acts of violence, intimidation, armed disturbance, bribery, 
or corrupt induences at any such poll or voting-\)lace ; and if, from the evidence of 
such statement, they shall b(>. convinced that such riot, tumult, acts of violence, intim- 
idation, armetl disturbance, bribery, or corrupt iuflnences did not materially inter- 
fere with tiie purity and lit'cdom of the election at such ))oll or voting-place, or did not 
prevent a sufficient number of ((Ualified voters thereat from registering or voting to 
nuiterially change the result of tlie election, then, and not otlierwise. said returning 
officers shall canvass an<l compile the vote of such poll or voting-place with those pre- 
viously canvassed and compiled ; but if said returning officers shall not be fully satis- 
tied thereof, it shall be their duty to exanune turther testinu>ny in regard thereto, and 
to this end they shall have power to send for persons and papers. If, after such exam- 
ination, the said returning otiHcers shall be convinced that said riot, tumult, acts of 
violence, intimidation, armed disturl>ance, bribery, or corrupt intluences did materially 
interfere with the purity and freedom of the election at such poll or voting-place, or 
did prevent a sufficient number of the qualitied voters thereat from registering and 
voting to nuiterially change the residt of the election, then the said returning officers 
shall not canvass or comjjde the statement of the Aotes of such x)oll or voting-place, 
but shall exclude it from their returns: ])rovided that any person interested in said 
election by reason of being a candidate for office, shall be allowed a hearing before said 
returning ofticers u))on making application within the time allowed for the forwarding 
of the returns of said electi(m." 

Section twenty-tive provides "that it shall be the duty of the governor to commi>- 
sion all officers elect excei)t members of the general assembly, the governor, and mem- 
bers of rhe police jury." 

To enable a person to enter into an elective office, three facts must concur, namely : 
First, an election; secondly, a return of the result of the electiou ; aud, thirdly, tin- 
qualifying for the office, by taking the oath. Ac. It has been suggested that i)rovis- 
ions of the law approved on the Kith of March. If^TO, entitled "An act to extend the 
linnts of the parish of Orleans, and to change the boundaries of the parislies of Or- 
leans and Jcffirson," &c., control the election of the nuiyor aud administrators of the 
city of New Orleans. The only sections of that law in which any reference is made al 
all to the election of these officers are the fourth, tifth. and sixth, which are as follows : 

" SkC. 4. That the governnieut of the city of New Orleans and the administration of 
its affairs shall be vested in tiie mayor and seven administrators, to wit : Oue of linance. 
one of commerce, one of imiuovemeiits, one of assessments, one of police, who shall 
be ex officio a member of the board of metropolitan police, one of public accounts, and 
one of the watcrwoiks and public buildings, with administration and executive func- 
tions; and said mayor and administrators shall be aytpoiuted or elected as hereinafter 
provided, and shall Coini a council of the; city ef New Orleans. The governor shall, by 
and with the advice and ( tuiscnt of the senate, aiipoint the mayor and the seven ad- 
ministrators, who shall hold their offices until the tirst Monday of November, 1871. 
There shall be an election for th(^ admiui.stratois of Hnauce, iiiifirovements, i>ublic ac- 
counts, waterworks, and public buildings, aud every two years thereafter; said officers, 



CONDITION OF AFFAIRS IN LOFISIANA. 63 

when elective, shall be elected at lara,e by the (|ualifleil voters of the city of 'New Or- 
leans, as constituted by this act. 

" Skc. 5. Be it further enacted, <fc., That the qualifications of the mayor and of the 
administrators of departments shall b(i as follows : Tliey sliall be qualified electors, and 
shall be citizens of the State, and for one year residents of the city of New Orleans; 
they shall, before entering upon the duties of their offices, respectively take and sub- 
scribe before the court having probate Jurisdiction in the i)arish of Orleans, or before 
the judge thereof in chambers, the oatli prescribed by article 100 of the constitution 
of tlie State; also, that they i)ossess the qualifications above re(|uired, and will faith- 
fully perform the duties and discharge the obligations imposed upon them by this act, 
and, with the exception of the mayor, shall moreover give bond, as hereinafter more 
liarticularly prescribed and directed. 

^^SkcA^Hc it further enacted, i^e.', That on the second Monday f(dlowing the day of 
their appointment or election, the council shall ludd its first meeting in the city-hall, 
.•it which the mayor and administrators of tlus departments elect, having presented and 
tiled their certificates of election and qualiticiitions, as herein provided, shall enter upon 
the discharge of their duties as speciiied in this act, and their predecessors shall turn 
over to them all books, papeis, pjo])erty, money, and accounts pertaining to their 
otfices and to the city of New Orleans." 

These sections, it is seen, only refer to the time when the. election shall take place, 
to the (inalificatious of the mayor, and the period when they shall enter into office. 

This act was amended by an act entitled "An act to amend an act to exteud the 
limits of the parish of Orleans, &c., api)roved March 1(>, 1870, and to prescribe addi- 
tional regulations for the government of the cor[»oration of the city of New Orleans, 
approved March 18, 1871." In the second section of this law, it is luovided that — 

" The elections for the mayor and the several administrators shall be held biennially, 
at the time of tlie elections for members of the general assembly ; and they shall be 
chosen at large by the ([ualitied voters of the city of New Oilcans. All vacancies 
occurring by resignation, death, or any disability, at any other time than the general 
election, shall be tilled by ap])ointnicnt of the governor, by and with the consent of the 
senate, when in session, or submitted for such a<lvice and consent at its next session : 
provided, that should the number of vacancies, or other cause or reason, justify the ex- 
pense of holding an election to till the vacancies or positions held by appointment, the 
governor or the legislature may call an election for that purpose. Vacancies may be 
temiiorarily filled until action of the governor, by the administrator of finance, acting 
as mayor 2>ro tempore ; and the mayor may assign any administrator to another depart- 
ment, ad interim ; and the same course shall be observed in case of temporary absence 
or sickness. And all officers herein provided for shall hold their offices until their suc- 
cessors are duly elected, or appointed and qualified." 

Nothing is said in either of these acts as to the mode of holding the election or its 
return. The (inestions, therefore, by whom the election is to be ordered, how it shall 
be conducted, and who shall make the returns, must be answered by the act of the 16th 
of March, 1870, or by the act approved on the 20th November, 187"2, if the latter act,, 
contrary to my opinion, can be considered as a valid law. 

I am, gentlemen, very respectfully, vour obedient ser\ ant, 

C. EOSELIUS. 



ExiiiniT F. 

Personally appeared before me, the undersigned commissioner, Joseph W. Jones, who 
deposes and says as follows: I was a member of the democratic parish executive com- 
mittee from the ninth ward of the parish of Orleans, when, on the night of the 
'2d of November, 1872, there was a resolution passed by said committee appropriating 
the sum of $100 for the purchase of about thi'ee hundred registration certificates. This 
money was given to Mr. William Stevenson, the other representative from theninth ward, 
in said committee, to purchase the said certificates with. On the day of the election (No- 
vember 4, 1872) I saw about three hundred registration certificates in the po.ssessiou of' 
the said William Stevenson, who stated to nie that he had paid the money ajipropriated 
by the committee, and for which he had received these papers; and said Stevenson 
gave me to infer that he had got these certificates from the supervisor of registration 
of the ninth ward. 

At about 3.30 p. m. on said election day, I asked said Stevenson what had been done 
with the said certificates, and he stated to me that they had all been voted for the 
liberal democratic fusion ticket. I was a candidate on the fusion ticket myself, for 
constable of the fourth justice court, and was retuiued.electcd by both boards of can- 
vassers. 

About 4.30 p. ni. on said 4th of November, the said Stevenson told me that fce 



(34 CONDITION OF AFFAIRS IN LOUISIANA. 

had beea'to the rooms of the committee for the purpose of getting $100 more from the 
said committee, to purchase one hundred and (ifty more registration certificates, which 
he said he diil l»uy, at the same time sliowing me a bundle of certificates, and whicli 
wevii also voted for the liberal democratic fusion ticket. 

J. M. JONES. 

Sworn to and subscribed before nie this IGth day of December, 1872. 

WM. GRANT, 
United States Commissioner, Diatricf of Louisiana. 

Umtkd States Cihcuit Court, Ci-ERk's Ofkice, District of Louisiana, ss : 

I certify that the above and foregoing is a true and correct copy from the origina. 
this day exhibited to me. 

Witness my hand and seal of said court, at the city of New Orleans, this Irtth De- 
cember, 1872. 

F. A. WOOLFLEY, 
Clerl: 



Exiiii'.iT G. 

United States oe A:\ierica, Slate of Louisiana, ss : 

This day personally appeared before me, the undersigned commissioner of the United 

States for the State of Louisiana, Fred. L. King, a resident of New Orleans, who, being 

ffluly sworn, deposes and says that on or about the 23d of October, 1872, one B. P. 

'IMauchard, State register of voters, one Miles Sharkey, J. C. Golding, Thonuis Connell, 

and one Dr. Stephens, did combini', confederate, and conspire together to cheat and 

lefraud the voters of the parish of Saint James, in said State, of tlieir rights of having 

tlicir voters counted and returned and properly certified at an election held on the 

J til day of November, 1872, in said parish, as the law reciuired ; and in iiursuauce to 

^■iaid conspiracy, the said defendant did suppress and fail to make the true and correct 

'return of said election ; and said defendants, in furtherance of said combination and 

confederacy, did prepare, and caused to be i)repared, four ballot-boxes for said parish, 

to be used and stuflted, so as to deprive and defraud the voters of said parish ; aiul did 

there and then, at two of the jioUs in said parish, cliange and alter the ballots of the 

voters at said places, all in violation of the provisions of the acts of Congress in such. 

»;isi's made and provided. 

FRED. L. KING, 
159 St. Andreiv's street, Xcw Orleans. 

Sworn to and subscribed before me, December 10, 1872. 

F. A. WOOLFLEY, 
United States Commissioner, 

A true coi)y of the original. 

F. A. WOOLFLEY, 
United States Commissioner. 



ExiiiniT II. 

Gilbert M. Husted, of East Baton Rouge, being duly sworn, deposes and says : 

Question. AVliat iiosition did you hold on the 4th of November last ? — Answer. I was 
appointed United States supervisor for the fifth jirecinct, parish of East Baton Rouge, 
the polls being at that time at Port Hudson. 

Q. You served as such ? — A. Yes, sir. 

Q. State what irregularities occurred at the polls, if any. — A. Nothing transpired 
during the day worthy of note. They seemed to use tlu^ir utmost endeavors to make 
it as pleasant as possible while I was there, ami, in fact, asked my advice as occasions 
<ame up that required it. Those whom they thought had no right to vote were referred 
to my oi)inion, as I had been supervisor of registration. In the evening when the polls 
closed I saw the connnissioner that had been a])pointed at Baton Rouge, and asked him 
what time he proposed to go to town. He said he thought of remaining about half- 
way from town all night. In fact, he was asked by several persons the same question 
and he said he did not know ; that he could not decide at i)resent. I got my horse and 
buggy and went as far as 1 i-oifld, wlien he came by and said he would ride with nie if 
I had no objection. I said that was just what I would like for him to do. It was then 
very dark, and Mr. or Lieutenant Rayburu started down with us. We got about, as 



CONDITION OF AFFAIRt^ IN LOUISIANA. 65 

near as I can jnclge, eight miles from Port Hudson, when we werestopiied by a party of 
men. Tliey shot ahead of us across the road, and somebody called out, " McKittrick. 
are you iu the wagon ?" He said, " Yes." He got out of the wagon and was gone, I 
wouhl .judge, iive minutes, the box beiug still under the seat. He then came back and 
I jumped out of tiie wagon and asked what was the matter. Ho said, " lam going to 
stay here all night," at the same tiuie taking the box from under the seat. " You can 
remain or go to town just as you see fit." " You know my duty," said I ; "it is to re- 
main with the box." He then started to the side of the road and I attempted to follow 
him, when these parties stepped in betwec^n us. 

Q. Who were tbese parties? — A. I do not know, and could not recognize them. I then 
got the horse by the head and turned the wagon and started up a sort of lane, and 
about fifty or sixty yards, I discovered a small shanty. Then Rayhurn got out of the 
wagon and came up to mo and asked what was the matter. I said, you can see as well 
as myself. He then turned around and his horse started in the direction of Port Hud- 
son, leaving me there alone. I suppose it was ahout iifteen minutes before Mr. McKit- 
trick came back witli tlu; box, stating that he had changed his mind and that it was 
his intention to go to town, at the same time placing the box in the wagon. We started 
in the direction of the town together, and were followed by thi'ee or four men on horse- 
back until we got witiiin about a mile and a half of the outside limits of the corpora- 
tion, wli'ii they turned and went back. We got into the court-liouse at Baton Rouge 
at half past 12 o'clock. 

Q. At the close of the polls how were the boxes sealed? — A. The box was sealed l>y 
a strip of jiaper, signed by the three commissioners. 

Q. Was it so sealed that if it had been tampered with it could be noticed? — A. No, 
sir. The way they sealed it was by placing a strip of paper horizontally on each end. 
I should judge it could be opened. There was one also on the lock. 

Q. But iu your o])inion, was it so sealed that it could be opened without difficulty ? 
A. Yes, sir; without leaving any evidence of its having been tampered with. 

Q. Wbmi Mr. McKittrick was stopped, did he manifest any concern about it f — A.. 
Apparently he seemed to be very much exercised on his way down, but whether that 
was a sort of blind, I do not know. Before he got to this i)lacc, which was, as I after- 
ward discovered to be, Liggins's, he expressed considerable surprise. There are two roads 
leading from Port Hudson to Baton Rouge ; one is called Plains road, and the other is 
called Cut-off; when he got to what is called the Plains, which connects with tlie main 
road, McKittrick sto])ped the wagon, and Lieutenant Rayburn being behind, he turned 
around and asked Rayburn did he know any other road besides the main road that 
would lead to Baton Rouge. He said. "No, you must take this road." Then McKit- 
trick said, I am very sorry, because I thought we could take some other road without 
passing th(! main road — that is, the Bayou Sara road. 

Q. About what should you say would be the result from the complexion of the votes 
cast at that i>lace ? — A. Thirty-nine liberal votes, and one hundred and sixty-six 

Q. You kept the tally ? — A. Yes, sir. I kept a tally, and I believe it is here. 

Q. What was tlie result of the count? — A. Tbirty-two liberal majority, instead of 
one hundred and thirty-two republican majority. 

Q. How could such a result have been obtained 'i — A. No other way, unless the box 
was tampered with. 

Q. Were you prevented from following the box to the shanty ? — A. Yes, sir. 

Q. By whom ? — A. That is more than I can say. 

Q. By how many persons ? — A. About ten, I should say. 

Q. Were they armed ? — A. I could not see. 

Q. What was the condition of the box when it reached the court-house, that is as to 
the seal ? — A. Apparently the same as it was when we left the polling-place. 

Q. Were you present at the count in the court-house? — A. Yes, sir." 

Q. How was that count made? State whether the ticket was counted entirely 
through, or any division made in the count, from the presidential electors down to the 
constables.— A. Well, they eifected a sort of compromise at that time. They pulled 
out a ticket, and if there were no scratches they would tally it all the way down. 
They counted the tickets straight through, and they were tallied accordingly. 

Q. He made no separation f— A. No, sir; that Avas toward the last ; I do not know 
about the first; my box was counted about the last. 

Q. Is there a possibility of your recognizing any of these parties that stojiped you 
on the road ?— A. Yes, sir ; there Avas one I saw, Hurst, the sheriff of Baton Rouge ; he 
was standing close to the wagon at the time I got out. He was a candidate for sheriff 
on the liberal ticket. 

Q. Where did you vote? — A. At Port Hudson. 

Q. Had you marked your ticket so that you could identify it ? — A. Yes, sir. 

Q. Did you see it come out of the box?— A. No, sir ; I did not see it come out of the 
box. 

Q. Were you present at the countiug of the vote ? — A. Yes, sir ; and did not see it. 

GILBERT M. HUSTED. 

H. Ex. 91 5 



66 CONDITION OF AFFAIRS IN LOUISIANA. 

Exhibit I. 

Charles G. Page, of East Baton Rouge, being duly sworn, deposes and says: 

Question. State what position you beld on the 4th of November, 1872. — Aniswer. I 
was ITnitcd States supervisor of elections at Plains, MeCartnej's store. Fourth ward : I 
think about seventeen miles from Baton Rouge, in the parish of East Baton Rouge. 

Q. What was the eouduct of the election on that day ? — A. The election was con- 
ducted peaceably and orderly throughout the day. The polls were opened at about 
10 minutes past 6 in the morning. 

Q. Who examined the boxes at the opening of the polls? — A. The three commis- 
sioners. They were Edwaid D. Cheatham. J. K. Tigou, and Dr. D. B. Bariett. Mr. ' 
Barrett was not present at the opening of the polls. I was present also and saw the 
box ; it was empty. The boxes were lucked after examination. There were two boxes 
l»roduced ; one for the reception of all votes cast under certiticates of registration issued 
by S. S. Brady, and the second box was tor the purpose of receiving the votes of all 
persons under certiticates of registration issued by previous supervisors in 1867, 1868, 
and 1870. This second box was not used. The votes of parties oiferiug to vote under 
registration papers other than those of Mr. Brady were left with me, and I have them 
in my possession. As to the reason why they did not use this box, was because tht; 
parties offering to vote did not make their affidavits. I do not think there were any 
justices of the peace out in that ward before whom affidavits could have been made. 
The polls closed at about o minutes past 6 in the evening, and I saw the box sealed. 
There was a strip of paper used. Tlie box had but one lock, and the strip of paper was 
pasted over it, bearing the signature of tlie three conmiissioners. I noticed that the 
paper was placed very nearly straight, and I noticed afterward, when they got to the 
court-house, that it was not so straight as when they placed it there. 

Q. Did you follow the box from the polling place to the court-house? — A. No. After 
they closed the polls I called Mr. Cheatham to me, and told him that as United States 
supervisor I desired to go with the box. He made iu> reiily, but walked away from me 
and entered his buggy, and drove at a very rapid rate. I had a very fast horse, and 
followed them pretty close. In fact, I was right bt^hind them all the time. I suppose 
we had driven about three or four miles when some live or six men on horseback closed 
ri"ht in between my buggy and Mr. Cheatham's, which contained the boxes. This set 
me back a little, and not being acquainted with the road, and not knowing where the 
bridges were, I had to check up a little. When we got about seven miles from the 
polls they had halted in front of a Mr. Liggins's store. When I left the poll Mr. M. T. 
Mecheal, democratic United States supervisor, was in the buggy with me. I was 
jjretty close to them when they stop])e(l, and as soon ;vs I stoi)ped ]\Ir. ^lecheal jumped 
DUt aiid went into tlie store. He returned in about two or three minutes, when I in- 
quired of him where Mr. Cheatham was. He said to me that Cheatham had gone on, 
and was in town he supposed. I inquired of him how, because I was standing near 
their buggy. He replied on horseback. I then asked Mr. Mecheal if Mr. Cheatham 
had the boxes, and he answered, yes. Shortly after that ^Iv. Commissioner Ligon 
came out of the store, jumped in the buggy, and bid us good night, and stinted oft 
toward town. I then entered my buggy and drove oft' at a rapid rate also, but did not 
know which way he turned. ItHiust have W.vn by some of the cross-roads, because I 
did not see him any more. I arrived at the court-house nearly live hours ahead of Mr. 
Cheatham and Mr. Ligon, the commissioners. 

Q. Where was the box at the time you stopped at Mr. Liggins's store? — A. I do not 
know. It must have been in tlu' store, because the buggy was standing there at the 
time. That is my sui)position. 

Q. How far behind them were you ? — A. Not far. They just had time to get out of 
the buggy and go into the store before I got up there. 

Q. You did not see anything of the box ?— A. No, sir. I stood in front of the door 
holding my horse, and when one of the doors came open somebody shut it quick. 

Q. When the door opened could you have seen the ballot-box go in ? — A. It was in 
there already when the door opened. 

Q. How niany votes were cast at tliat poll?— A. There were two hundred and eight 
votes not under Mr. Brady's certificate of registration. 

Q. What was the compiexion of that vote ca.st ?— A. One hundred and thirty-seven 
whites and seventy colored, with one doubtful as to the conn)lexion. 

Q. What wouhl probably have been the vote from your knowledge of the voters ? 
How would the vote have "stood of tlu'se two hundred and eight?— A. I .should judge 
about .sixty wliite ahead, or about sixty-five democratic. They claimed sixty majority 
before the voting was over. 

Q. How did the count compare with the result of the count that you had reason to 
expect from tin- conqjU^xion of the votes cast? — A. About seventy colored. 

Q. They would be repul)licau votes? — A. Yes, sir ; republican. 

Q. And'^the balance?— A. One hundred and thirty-seven liberal or democratic votes. 



CONDITION OF AFFAIRS IN LOUISIANA. 



67 



Q. What did tlic count show 1 — A. In tlic count there was a discrepancy of five or 
six votes. 

Q. What was the result as established by the count? State the count. — A. There 
was a democratic majority of about sixty or sixty-five. 

CHAS. G. PAGE. 

Tabular statement. 



Parishes. 



White. 



A.seension 

Assumption 

Avoyelles 

East Baton Eouge 

West Baton KoiiRe 

• Bossier 

Ilit'tiville 

(,'alcasi('u 

Cameron 

Catalionla 

< 'oncordia 

Caddo 

(Jaklwell 

Carroll 

Claiborne 

I)e Soto 

i'Vliciana, ea.st 

Feliciana, we.st 

I-'ranklin 

<irant 

Iberia 

Iberville 

.rack.sou 

• leJH ison, right bank 

I^aiayette 

Livingston 

Lafourche 

Morehouse 

Madison 

Natchitoches 

Oileans, (cannot ascertain) 

Ouachita 

I'L'Kiueiiiines 

I'oint Coupee : 

Rapides . . 

lied Ki ver 

Richland 

Sabine 

Saint Bernard 

Saint Charles 

Saint Helena 

.Saint James 

.Saint John's 

Saint Landry 

Saint Mary'.s 

Saint Martin's 

Saint Tammany 

Tangipahoa 

Terre Bonne 

Ttmsas 



TTnion 

\'ermillion . . 

Vernon 

Washington. 

Webster 

Winn 




Colored. 



Total. 



630 
1,149 

743 
1,110 

550 



766 

1,704 

734 

360 

1,451 



912 
518 
1,070 
1,011 
441 
599 



308 
300 



658 

817 

3,358 

1,100 

1,038 



910 
1,201 

386 
1,832 

845 

457 



848 
758 



Keiuarks. 



3,014 

2,169 

2, 208 

1,617 

867 

1, 795 

713 

139 



1,107 
2,526 
3, 139 
580 
1,910 

1, 296 
1,303 
2,351 

2, 215 



776 
1,263 
3,303 

816 
1,440 



225 
1,871 
1,358 
2, 305 
1,906 



1,630 

2,703 

7.710 

990 

966 

644 



401 
1,850 



2,068 
1,717 
4,000 
2, 203 
1,019 



618 
1,608 
.3, 146 
876 
208 
194 



866 
132 



Revised registration of 1870. 

Do. 

Do. 
New registration. 

Do. 

Do. 
Revised registration of 1870. 

Do. 

Do. 

Do. 

Do. 
New registration. 
Revised registration of 1870. 

Do. 
New registration. 

Do. 
Revised registration of 1870. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
New registration. — " 
Revised registration of 1870. 

Do. . 

Do. 

Do. 
New i-egistratiou. 

Do. 

Do. 
Revised registration of 1870. 

Do. 

Do. 
New registration. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Revised registration of 1870. 

Do. 

Do. 

Do. 

Do. 

Do. 
New registration. 

Do. 



Natchitoches, the parish, fifty miles long by thirty-five wide. There were but four 
|i()lling-b()Xes in the entire parish. Notice given of the polling-places on the morning 
of the election. Republicans got 1,7"24 majority in 1870. New registration this year; 
l,4r)l white, 1.90() colored, over f:'flO not allowed to register. Of registered vote, only 
."),01S allowed to vote in this parish ; the retnrning-board threw out all four boxes be- 
cause of gross frauds, and comitcil 1,201! for the republican ticket, who made atUdavits, 
with vote attached, under act of 1970, that they were not allowed to vote. Tliis parish' 
is meutioniid as an instance of this class of cases; there arc very few, however, where 
the count was made on this basis. In s(;veral others boxes were thrown out, st lif- 
ting of boxes, changing of ballots, and other frauds being conclusive. The time suf- 
ti( es before mail leaves to-day to go through other parishes in like manner. 



f)8 CONDITION OF AFFAIRS IN LOUISIANA. 

East Raton Rouge, new registration because books were destroyed. No authority in 
law for ordering such registration. New registration showed 1,4:)1 whites, l,(il7 col- 
ored. Democrats claim it this year by over 2.50. In lr-70 registration showed l,10(t 
white and nearly 3,000 colored; revmblican nnijority in 1870, 1,485. Here several bun- 
dled blacks were denied registration. Hnndreds of tlieni followed the register from 
day to <lay, striving in vain to i)rocure registration. Here several hundred votes were 
polled in a separate box on registration papers of li^70, where they were not allowed 
to voti' in a regular box ; there are quite a numl)er of parislies where a worse showing 
could be made, but the time sutHce. Will tabulate with data soon and forward . 

L. H. PACKARD, 
Chmnnaii Execulive Committer. 



Exhibit 1>. 

ADDRESSES OF BOTH PARTIES. 

A TRUE STATEMENT OF THE LOUISIANA POLITICAL IMBROGLIO. 

Certain i)ersons desiguated as tbe "committee of one hundred citi- 
zens of New Orleans" have published several documents addressed to 
the President, Congress, and people of the United States, wherein they 
complain bitterly of some decrees and orders issued by Judge E. H. 
Durell, of the United States district court at New Orleans, in a contro- 
versy brought before him in reference to the last electioii, under the 
l)rovisions of the act of Congress of 1870, known as the enforcement act. 

The committee having committed the grave error of making state- 
ments quite at variance with the facts of the case, the undersigned has 
undertaken to submit the following strictly true and fair abstract of the 
niatter at issue, based entirely u[)on legal and official documents, so 
that, by the perusal of this commuTiication, a correct opinion may be 
formed of the merits of the case. 

For the better understanding of parties unacquainted with Louisiana 
matters it will be necessary to, at first, enter into some general remarks 
about the political i)arties of that State and the connection of Governor 
Warmoth, the fusion party, and their committee, now at Washington. 

For several months before and after the Greeley Cincinnati conven- 
tion, there were several political jiarties in Louisiana, viz, 1st The re- 
publican party ; 2d. The reform party ; 3d. The democratic ])arty; and 
4th, the liberal party, organized by Governor Warmoth, and composed 
only of a handful of his olllce holders and satellites, and so small indeed 
that it would not have deserved the name of party, had it not been for 
the fact of its being managed by Warmoth, whose strength lay in the 
bad features of the election laws of the State, which, as he says him- 
self in his message of February 5, 1872, "make the nuichinery one- 
sided, partisan, and. dangerous to the liberties of the peo[)le, when 
wielded by an ambitious executive."" 

They gave him such an absolute control over the elections that he 
ccuild make the result of any election to be as he wanted, and that, by 
their assistance, he has in 1870 seated in tiie legislature men who had 
not even been candidates. 

The leaders of the political organizations in Louisiana were fully con- 
vinced that they could not, single-handed, or even all combined to- 
gether, carry the election against Warmoth, whom everybody knew to 
be a veiy unscrui>ulous man, ever ready to resort to all kinds of trick.s, 
however illegal, to carry out his purposes. 

Hence there was an intense desire from all parties (the republican 
party excepted) to make an alliance with him ; still he was held in such 



CONDITIOX OF AFFAIRS IN LOUISIANA. 69 

a contemptible light, that, out of respect for themselves, the mojority 
of the democrats and reformers refused, for a long time, to associate 
themselves with him, and conventions after conventions were held with- 
out any of said i)arties daring to unite with him aiul a(!cept his con- 
ditions, viz, that he should be elected United States Senator, in Janu- 
ary, 1«73. 

His anxiety for the position is thus explained, viz : by robbing the 
State treasury and blackmailing all the beneficiaries of the plundering 
bills and monopolies passed by his legislature, he diad got himself so 
immensely rich that the aceunmlation of money had no more attraction for 
him, and his ordy ambition was to be United States Senator, because of the 
lofty position, and also because from his seat he coidd unmercifully attack 
and annoy President Grant, and in that way satisfy his hatred against 
him, and take at leisure his revenge of the ignominy General Grant 
had entailed on him in ordering him to be dishonorably discharged from 
the service in presence of the whole Army at Vicksburgh. 

At last, after a great many negotiations, a compromise was made and 
a union formed between all the anti-republican elements in the State 
into one party called the fusion party, on the motto of "anything to 
beat Grant." ' 

And then, knowing which way he must want the election to go, War- 
moth api)ointed his corps of registrars and supervisors of election, as 
provided lor in the election law of 1870, and under said law the election 
was held tlu'oughout the State on the -fth of IsTovember last. 

But, if the people of Louisiana did, on that day, go through the form 
of election, the real election was not to take place until eight or ten 
days later, through the manipulations of Warmoth in the returning- 
board. 

Hence his superhuman efforts to have in said board only such men as 
he wanted ; hence the fierce contest in which he resorted to the high- 
handed and revolutionary measures that will now occupy our attention. 

We have now arrived to the zest of the controversy, viz, " who is tlu'. 
legal returning-board f 

By the terms of the election law of 1870, under the provisions of 
which the election of Xoveuiber 4th was held, the election returns have 
to be made by a returning-board composed of the governor, the lieu- 
tenant-governor, the secretary of state, Mr. Lynch, and Mr. Anderson, 
and it is ordered by section 51 of said act that they should meet within 
ten days after the election and commence the canvassing of the returns. 
lu obedience to said provision the board met in the governor's office, on 
the 13tli of I^ovend)er; were present all the members of the board ex- 
cept Mr. Anderson. At said meeting Lieutenant-Governor Pinchback 
and Mr. Anderson were declared to be incapacitated from acting as 
members of the board because they were candidates at the election, and 
the chief justice of the supreme court of the State administered the 
oath of ofhce required by the fifty-fourth section of said election law of 
1870 to the governor, to the vSecretary of state, (Herron,) and to Mr.. 
Lynch, as nuunbers of the returning board. Immediately after this, on 
motion of the secretary of state, (Ilerron,) seconded by Mr. Lynch, 
Messrs. nawli;ins and Longstreet were elected members of the board to 
fill the vacancies of Messrs. Pinchback and Anderson. 

Just about that tinu» entered in the room a Mr. Wharton, holding a 
(;ouimission of secretary of state, signed by Warmoth, and he, with 
Warmoth, ignoring Herron as a member of the board, claimed to elect. 
]\lessrs. Hatch and Daponte to fill the vacancies above mentioned. 



70 CONDITION OF AFFAIKS IN LOT'ISIANA. 

Upon seeiiia' such extraordinary proceedinj^s, Herron and Lynch re- 
tired from the I'oom. 

From that moment commenced the conflict as to whiclj was the legal 
board ; was it Warmoth, Lynch, Ileiron, Longstreet, and Hawkins ? or 
was it Warmoth, Lynch, Wharton, Hatch, and I)ai)Oiite ? 

An anncable arrangement being imi)ossible, the Herron board filed a 
petition before the eighth district court of New Orleans, praying that 
the board, claimed to have been organized by Warmoth and Wharton, 
and composed of Warmoth, Wharton, Lynch, Hatch, and Dai)onte, be 
cited to answer andl)e decreed to he intruders into and usurpers of the 
office of returning officers of election, and that Warmoth, Lynch, Her- 
I'on, Longstreet, and Hawicins be decreed to be such returning officers. 
They also filed a supplemental ])etition stating that an injunction was 
necessary, and praying that a writ of injuiu^tion be issued against Whar- 
ton, Hatch, and Daponte, enjoining tJjem from acting as returning- 
officers of election, and in any way interru[)ting()r hindering the return- 
ing-officers Herron, Longstreet, and Hawkins, in the discharge of theii- 
duties of such returning officers. 

On the 10th of Noveml)er the judge rendered the following decision, 
viz: * * * uj ]io\(\ that Herron is still secretary of state; 
that his vote on the 13th of November determined the election of Long- 
street and Hawkins to the board ; that at all events, whether he was 
secretary of state de jure or not, he was so da facto, and that by his vote 
Hawkins and Longstreet were elected as members of the board. 

" An injunction can be made properly as a supplemental proceeding to 
a suit. The object is to decide who is entitled to exercise the duties and 
functions of the office. The duties of the returning board are soon com- 
pleted, and if, pending the issue, the defendants attempt that which 
renders the suit inoperative, the court may properly issue its restraining 
order. 

" From these considerations the rule m,si will be made absolute and 
the injunction issued as prayed for." 

The supreme court of the State in several instances have since inci- 
dentally held the returning board, composed of Lynch, Herron, Long- 
street, and Hawkins, to be the legal board. They have refused to recog- 
nize the commissions issued by Warmoth upon the returns made by 
Warmoth, Wharton, Hatch, and Daponte, and have in every case re- 
<;ognized the commissions issued upon the returns made by the Lynch 
board. 

From the above, which is almost a verbatim extract of the judicial 
re(;ord in the case, it results that the legal returning board is declared by 
the State court to be the one composed of Warmoth, Lynch, Herron, 
Longstreet, and Hawkins; moreover, as can be seen trom their several 
proclanmtions in the official organ of the Stifte, since the day of the 
above recited decision, Lynch, Herron, Longstreet, and Hawkins have 
been canvassing the returns of election, from which the present legisla- 
ture, now in session, has been organized in the manner ju-ovided for by 
the constitution, the entire city goveinment and the (tity and State 
judiciary and parish authorities have been indncted into otiice, and the 
whole nmchinery of the State government set and kept in regular motion 
according to the retiuirements of the laws and constitution of the State. 

Had any law-abiding and honest nnm been the occupant of the execu- 
tive chair at that time, the controversy about the returning boards 
would have thus and there ended ; but Warmoth would not give up his 
l)rospects of a seat in the United States Senate, or curb his despotic will 
to the decrees of the judiciary, and in his madness, in violation of the 



CONDITION OF AFFAIRS I\ LOUISIANA. 71 

constitution and laws of the State, and in contempt and defiance of 
orders of court, he did, the next day after the above recited judgment,^ 
sign a new election law for the purpose of giving it an expost fiicto or 
rctrdspective effect. 

This new move was hailed bv his fusion friends as a splendid cou[» 
d'etat. 

His modus operandi is quite plain : the second section of the new act 
l)rovides for a returning board of five persons, to be elected by the 
senate. As there was no senate in session, he would consider the offices 
of the returning board as vacant, and fill the vacancies by appointment ; 
and thereby he would still win tl)e day. 

He never stopped one moment to reftect how irrational and uncon- 
stitutional it was to insist that the canvass and returns of an election 
held on the 4th of November should be compiled and its result pro- 
mulgated by officers created by a law signed sixteen days after said 
election ; especially when the law under which the election had been 
held ordered that the compilation should commence within ten days 
after the election, which had been done, as stated above; and finally, 
when the new law ordered also that the compilation should also com- 
mence within ten days after the election, which could not be done, since 
the election had been held on the 4th of November, and the new law had 
been promulgated only on the22d of same month. 

Moreover, the returning board of the law of 1870 had been vested in 
the right to the returns of the election of the 4th of November from the 
moment they had met as a reiuruing board, and had been sworn in as 
such on the loth of November, and said right which had been held in 
sns})ense during the judicial controversy between the two boards had 
been revested in the Herron board from the moment of the rendering of 
the judgment, on the 10th of November; most of the work of compila- 
tion had probably been already done when the new law was promul- 
gated, and no new law could possibly divest the said returning board, 
nor undo the work already done under the old law. 

Here terminate our remarks in reference to the i)oint w'fe had designed 
to demonstrate, to wit, that the legal returning board to compile and 
proclaim the results of the last election is the one composed of War- 
moth, Lynch, Herron, Longstreet, and Hawkins; that it had been so 
decided on the 19th of November by the State judge, before whom the 
controversy between the two contending boards had been brought; 
that the attempt at giving to a law signed on the 20th of November the 
retrospective effect of regulating the proclamation of the result of an 
election held on the 4th of same month is irrational, unconstitutional, 
and revolutionary, and that the government of the State of Louisiana 
had been fully organized conformably to the returns i)ublished by the 
legal returning board, so declared by a State court, and we hope that 
the reader of these remarks will agree with us, that the point at issue 
has been proved beyond dis[)ute. 

We have, so far, very carefully avoided mentioning the suit instituted 
on the IGth November, betbre the United States court, Judge Durell 
presiding, because we wanted to show that outside of the said suit and 
judge the main question as to who were the members of the legal re- 
turning board, and, as a consequence, what were the legal returns of 
election had been decided by the supreme and State courts of Louisiana; 
our reason for so doing being ro show at once how devoid of foundation 
and truth are the complaints of the i)arties who have represented that 
the whole election matter had been regulated solely by the (.rders of the 
United States judge. But we must, however, bless Providence tliat the 



72 CONDITION OF AFFAIRS IN LOUISIANA. 

lietition of tlie Hou. W. P. Kellog-^, to the United States circuit court 
at New Orleans, sbonkl have b.oriK^ among other points, on the contro- 
versy between the two contending leturning boards, praying also to 
enjoin the Wharton board from making any returns pendente lite, and 
that the o])inions and orders of tlie United States judge shouhl Imve coin- 
cided as fully and entirely with those of the State judge as they did; 
because the United States judge had what the State judge had not, viz, 
the power to enforce his orders against the revolutionary resistance of 
Warmoth to judicial orders; ami it so happened that the very order 
issued by Judge Durell, to enforce the orders of his court, did also 
enforce the decrees of tbe Louisiana State court previously issued, and 
that by the timely occupation of the State-house by the United States 
troops before the 9th December Warmoth was prevented from organi- 
zing his legislature and oflicers, by force of arms in the hands of his 
Metropolitan police and militia, thus trampling down State constitution 
and laws, violating the orders of the State and United States courts, 
stifling the voice and will of the people, and re-enacting his revolution- 
ary outrages of January last, which have necessitated the sending here 
of a congressional investigating committee; and thus by the precau- 
tionary and complete measures of the judge, the revolution, and, prob- 
ably, bloodshed, pontemplated by Warmoth, have been frustrated and 
prevented : tlie legislature and State officers elected by the peojde, and 
properly returned by the proper board, has been properly organized and 
inducted into office, and law, constitution, and order have finally i)re- 
vailed. 

The next point made by the committee is that the Hon. P. B. S. Pinch- 
back is not senator since the 4tli day of November last, and therefore 
had no right to organize the senate on the Dth of December, nor to act 
as governor during the suspension of Governor Warmoth by impeach- 
ment. 

Granting that Pinchback was elected State senator for a term that 
has ended on the 4th of November last, we deny the balance of the 
l)roposition. 

What are the facts? In the summer of 1871, Lieutenant-Governor 
O. J. Dunn died. 

On the 24th of November following, Governor Warmoth issued a 
proclamation stating that, '' Whereas a vacancy has occurred in the 
office of lieutenant-governor. of the State of Louisiana by the lamenta- 
ble death of the late Oscar J. Dunn, * * * j ^j^^ hereby 
* * * convene the senate of the State of Louisiana to meet }u 
extra session on the Gth of December next, * * * to fill 
the vacancy in the office of lieutenant-governor." — (Governor's message.) 

On the 0th of December the senate met, 33 senators present. Sena- 
tor Pinchback was elected temporary president of the senate. 

Had the senate stopped tliere, the assertion of the committee would 
be correct ; but then the senate proceeded to the election of a lieutenant- 
governor of the State, "to fill the vacancy occasioned by the death of the 
late Oscar J. Dunn," and Pinchback was so elected. — (Journal of the 
Senate.) 

Lieutenant-Governor O. J. Dunn's term was not to expire until the 
2d Monday of January, 1873; hence, as Pinchback was elected to fill 
the vacaiH',y occasioned by the death of said Dunn, it follows that said 
Pinchback was elected lieutenant-governor for the unexpired 1>alance 
of Dunn's term, which is uj) to the second Monday of January, 1873. 

That Piuchba(fk is lieutenant-governor of the State, appears from the 
daily journals of the senate ; from all the laws of the State passed since 



CONDITION OF AFFAIRS IN LOUISIANA. 73 

his election ; from tlie fact that he acted as governor in the absence of 
Governor Warnioth when said Warmoth attended to tiie Cin(;innati 
presidential convention ; from the fact that he was reco,iinized by War- 
moth, Ilerron, and Lynch, and the cliief Justice of the sn[)reme court, 
as a member of the returning-board, on November tlie iL'th ; and finally 
from the fact that Governor Warmoth called on him during the night 
of the Sth or 9th December and ottered him a bribe of SijO.OOO, if he, 
Pinchback, would on the next day organize the senate in a manner sub- 
servient to the wishes of said Warmoth. 

The nuitter seems to be so clear that it does not require any more 
argument. 

The other grievances complained of by the committee seem to have 
so many of the characteristics of family quarrels that had better be 
settled at home, that we will not waste time and paper in discussing 
them. 

It will strike any caretul reader of this rather long communication 
that had it not been for the stubborn, revolutionary, and dishonest 
attempts of Governor Warmoth and his confederates, the fusionists, to 
contiol at all hazards and against reason, law, constitution, and judicial 
<>rd<'rs the fair and honest expression of the will of the peoi)le, as ex- 
])iessed at the ballot-box, no political conflict would have taken place, 
and that the committee of one hundred would have \>een spared the 
inconvenience and hardship of a trip to Washington at this season of 
the year; and we believe we are showing ourself to be their friend in 
advising them to return home, and, abandoning all idea of revolution- 
izing the State, and changing the result of the last election, as legally 
proclaimed by the legal board of returning-oflicers provided for by law, 
to let Warmoth ponder on the enormou-scrimes he has committed dur- 
ing his administration, and prepare himself for the penalties that are 
going to fall on his doomed head. 

But if we have had to disagree with the committee of one hundred 
on many points, we are happy at last to agree with them in this, viz: 
" For the. last four years there has not been good government in Louis- 
iana; there has been extravagance, prodigality, dishonesty and waste in 
the public expenditures. The public debt has been marvelously in- 
creased, with but little benefit; the credit of the State has been given 
to speculating corporations for personal aims." 

So it is, and among the greatest frauds and impositions perpetrated 
we will mention : 

1st. The slaughter-house bill, (now, happily for the poor people of 
Louisiana, before the United States Supreme Court, Avho, it is hoped, 
Avill declare said act unconstitutional,) whereby the cost of fresh meat 
in New Orleans has been increased threefold, for the mere purpose of 
enriching a few individuals. 

2d. The Mississippi and Gulf Canal and Drainage Company, by 
which the State has been swindled out of $()50,(HK), and no canal built, 
and by which the citv of New Orleans has been mulcted in the sum of 
about $1,000,000. 

3d. The Louisiana Levee Company, by which the State of Louisiana 
(unless the law he repealed, which it is hoped will be done) shall have 
to pay ;it least $25,000,000 for an anM)unt of work which, if performed 
at all, coidd be done for about $0,500,000 to $7,000,000. This act was 
passed after the constitutional limit of the State debt to $25,000,000 had 
been overreached by several millions. 

4th. The levee bonds " sale," by which the levee commissioners falsely 
reported sold at 80 cents on the dollar $1,500,000 worth of levee bonds, 



74 CONDITION OF AFFAIRS IN LOUISIANA. 

which had been misappropriated in so-called settlement of levee work, 
the payment of which had been prohibited by the legislature. 

otli. The reCnnding scheme to some banks of New Orleans, by which 
it was al tempted to bribe the legishitare to pass an act to refund to 
several banks of New Orleans about $7,000,000 of confederate bonds 
and notes held by them. 

(jth. The fnudin*;- commission of 1870, who paid confederate contracts 
executed daring the late civil war. 

Tiie undersigned is sorry to say that there is not one of the above- 
mentioned operations in wliich some of the members of the committee 
of one hundred are not iuterested or implicated; hence it is quite nat- 
ural to ai)prchend that their efforts in behalf of Warmoth and his — 
their — fusion party, are protnpted in a very great measure by the fear 
that under tlie honest administration to be inaugurated by Governor 
Kelh>gg and his co-ofiicers, the above-mentioned swindles will be thor- 
oughly sifted, and the obnoxious and unconstitutional laws repealed; 
whereas shonhl they succeed in revolutionizing the legitimate govern- 
ment of Louisiana and in inducting into office their own ticket, (one 
. member wljcreof, James A. Graham, is an accomplice iu one of the above- 
stated operations,) tliey would wield a suiiticient intluence to stifle and 
siUmce all inipiii-y, and retain on the statute-book all the. to the people, 
obnoxious, but to them very protitable, laws and mouoi)olies created 
during the late administration, and under the auspices of H. 0. War- 
motli. 

E. H. ANGAMAK, 
Late Chief Engineer of State of Louisiana, Member of the Board of 
Visitor.s at United States Military Academy, West Point, &c. 



ADDRESS OF CITIZENS OF LOl'ISIANA TO TIIE PEOPLE OF THE UNITED 

STATES. 

The citizens of Louisiana have perceived with satisfaction that the 
people of the sister States are not unconcerned spectators of the events 
now transpiiing within lu'r limits, and of which it is probable no paral- 
lel can be found iu the history of this or any other country. As these 
events were eutirely brought about by the agency of officers, civil and 
military-, of the General Government, the citizens of Louisiana, not 
doubting that the action of the Executive, at least, in refereuce to 
them, was the result of misapi)rehension of the facts, determined to 
adoi)t prompt measures for the correction of the error. At a meeting 
liehl for that purpose, representing (we may safely say) a large prepond- 
erance of the moral worth, intelligence, and wealth of the city of New 
Orleans, a committee of one hundred gentlemen was appointed, with 
instructions to [)roceed immediately to Washington to lay the facts 
before the several departments of the Government, and to solicit their 
aid in repairing the gross wrong which had been done, and in restoring 
to the people the right of self-government, which had been wrested from 
them by the most patent usurpation. 

The undersigned form a part of that committee. On our arrival here 
we found so much misapprehension existing — e\en among those who are 
usually well-inforuied — in regard to the origin and iiistory of this dis- 
turbance, that we determined to ])ublish a brief narrative of the facts. 

The parties engaged in these proceedings, aware that if the facts 
were properly untlerstood they would admit of no defense, now seek to 



rOXDITION OF AFFAIRS IN' LOUISIANA. i ;^ 

belittle and conceal the question at issue, and to treat a conspiracy to 
overthrow the government of the State as a mere strngjj;le for political 
ascendency between Governor Warmoth and Mr. Kellogi>-. They allege 
that the former was endeavoring by some trickery or legerdeinain to 
cheat the latter out of his election, and that the object of their i)roceed- 
ings was simply to frustrate this attempt. They have sedulously sought 
to produce the impression upon the public mind that this committee 
was coinjjosed of mere allies and agents of Governor Warmoth. We 
repel this insinuation as utterly false aiul unwarranted. We are not 
the representatives of any personal or party interest whatever. Gov- 
ernor AYarmoth was not a candidate for any office whatsoever at the 
recent election, nor have we, directly or indirectl.N , any connection or 
aftiliatioii with him. So far as his past career is concerned, there are 
few if any members of this committee who have not been among his 
most pronounced opponents; while in those measures of bis adminis- 
tration, lor which he has been most loudly denounced, he had for his 
advisers, associates, and coadjutors, the very men who now assail him, 
including especially Pinchback, Antoine, Herron, and numerous others 
whose names figure most conspicuously in these proceedings. In reply 
to the other insinuations indicated above, we declare that we are no 
parties to, and have no knowledge of, any political trickery intended to 
defeat the true voice of the people; that we do not believe any such 
existed, and that we would not be here unless we could proclaim con- 
scientiously our conviction that the men who have been foisted into the 
offices of the State have been not merely irregularly and unlawfully in- 
stalled, but were not elected by the people, and were not and are not 
the choice of a majority of the voting population of Louisiana. We 
have not asked the Government to admit this on our sim])le assertion. 
All we have asked is that it should make a candid aud imjjartial investi- 
gation of the facts. 

With this preface, \re now submit the following statement : 

Firsi. There was a general election held in Louisiana on the 4th day 
of J?ON ember last for the election of a governor, lieutenant-governor, 
members of the general assembly, and other State and Federal officers. 
At this election William Pitt Kellogg, a member of the Senate of the 
United States, and CO. Antoine, collector of the port of Shreveport, were 
candidates for the offices of governor and lieutenant-governor, and were 
opposed by John McEnery and Davidson B. Penn. The present gov- 
ernor, Warmoth, was not a candidate for re-election. 

ScGond. This election was conducted without riot, disturbance, or vio- 
lence, and the number of votes cast was unusually large.* The returns 
of the election were made to the board appointed for the purpose. This 
board was composed, under the law, of the governor, (Warmoth,) the 
lieutenant-governor, the secretary of state, and two other persons 
named in the law, viz, John Lynch and Thomas C. Anderson. The of- 
fice of secretary of state was filled at the time by Mr. F. J. Herron, who 
had been appointed by Governor Warmoth to fill the vacancy caused 
by the removal, several njonths before, of George E. Bov(»e, the legality 
of which removal and appointment was then in contest before tlie State 
courts. The board met, and it was resolved that Anderson and Pinch- 
back weie disqualified bj- reason of their being candidates for office. 
Warmoth then removed Herron (whom he had appointed) from the 
office of secretary of state as a defaulter, and appointed and commis- 
sioned Wharton in his stead. 

We have no reason to believe that the action of Governor Warmoth 



•See Appendix A and B. 



Tin CONDITION OF AFFAIR.s IN LOUISIANA. 

ill the removal of Herron was based upon a desire to commit a fraud, 
for uiidi'vtlie returns there was no necessity for fraud. It was i>iompted 
by his discovery of a plot between Herron and Lynch to falsify the re- 
turns and defeat the will ot' the people. This is manifest from the fact, 
develo])ed in the evidence before the .court, that Herron, anticipating 
the thwarting of his scheme, had several days before ordered a dupli- 
cate of the seal of State to be engraved, by which means he hoped to 
preserve the insignia of office in the event of his removal by the governor. 

Omitting lurtlier details, Warmoth and Wharton, on the one hand, 
assuming to be a majority of the board, and in the presence of Lynch, 
l)roceedc<l to elect Hatch and DaPonte to fill the vacancies caused by 
the withdrawal of Pinchback and Anderson,* while Lynch and Herron 
afterward assembled and, under the same assumption, elected Long- 
street and Hawkins. Thus thei'e came to be two bodies — each claiming 
to be the returning board — one presided over by Governor Warmoth, 
the higliesr executive officer of the State, and, under the law, tlie presid- 
ingofficerof theboard,and which had possession of alltheelection returns 
and everything necessary to ascertain the result ; while the other con- 
sisted of Lyncl), the removed secretary of state, Herron, and their two 
appointees. Afterward the State supreme court decided that the re 
moval of Bovee and the original appointment of Herron were illegal, 
and Bovee was reinstated in his office. Whatever may be said of these 
contesting boards, it is clear that the courts of the United States had 
no semblance of authority to decide between their conflicting claims to 
office. 

Third. After it had become probable that the two candidates, William 
Pitt Kellogg and C. C. Antoine, had been defeated, and that their op- 
ponents would be declared elected, they respectively filed lulls in the 
circuit court of the United States for the district of Louisiana for in- 
junction and relief. The governor of the State, the members of the can- 
vassing board, other citizens of the State connected with the promulga- 
tion of the returns, and certain persons elected or claiming to ha\'e been 
elected to the legislature and to the governorship, were made defend- 
ants in one or other of these suits. The cause of complaint was, 
that they severally apprehended that they would be deprived of the 
offices for which they had been candidates. They claimed to have had 
the majority of votes at the election, and that there had been 10,000 
voters prevented from voting because of their complexion and i)revious 
state of servitude, whose votes they would have received. The bill of 
Kellogg professed to be for the preservation and perpetuation of the 
evidence of tlie election, and to have reference to the support of a suit 
he miglit have to bring to recover the office. Antoine's suit was similar 
in the claims of title, and had reference in its prayers for relief to the 
organization of the general assembly at the meeting called, in the proc- 
lamation of the governor, for the 9th day of December, 1872. 

Fourth. The parties to these suits were all citizens of the State of 
Louisiana. The object of the suits was to assert title to ofiices of the 
State in advauic of any decision or announcement by any board of any 
person as elected, and to determine the persons to make the decision 
and the announcement, by the judicial authority of the circuit court of 
the United States. Pending the suits,! an ex parte and private order 

■^See Appendix C. 

tTlie dt^ciidoii of tlu> court ii]ion the qiu'stioii of jurisdici ioii was not rondciuid until 
Hi oVloi'k on tilt' morning of the (illi of Dceeuiber, wlieiea.s the order of Judge Dnrell, 
diroeting the niarslial to take i)osse.ssion of the State-house, was issued at a late hour 
of the night before, under the most peeuliar cireuuistauces, and executed before the 
davru of day. 



CONDITION OF AI-^P\AIRS IN LOUISIANA. 77 

was made in the suit of Kellogg-, declaring that the defendant, H. C. 
Wai moth, the governor, had, in violation of the i(vst:ainiiig order of the 
conrt, issned a ])roclaniation and published the returns of (!ertain per- 
sons elaiiuing to be the board of r(4nrning olhcers, and proceeding as 
follows : 

Now, therefore, to prevent the t'urtlier ohstniction of the proceedings in this canse, 
and furtlier to prevent the viohition of the orders of this court, and the ininiinent dan- 
ger of disturbing the public peace, it is herel\y ordered that tlie tnarslial of tlio United 
States for the district of Louisiana, shall forthwith take possession of the building 
known as Mk^ Mechanics' Institute, and occui)ied as <a Statt^-honse for the assembling 
of the h'gij-lature therein, in the city of New Orleans, and hold the same subject to the 
further oiiler of this conrt, atui meanwhile to pr(ivent all unlawful assemblage therein 
under the guise or ])retext of authority claimed by virtue of i)retended canvass and 
returns m.-ide by said returning officers in conteM)])t and violation of said lestraiuiug 
order; but the marshal is directed to allow the ingress and egress to and from the 
public offices iu said building of persons entitled to the same. 

Fifth. The interlocutory and <:x-parte ov(\qv in the suit of Antoine, the 
(;andidate for lieutenant-governor, seems to have been made as the com- 
plement to the order above quoted in the suit of Kellogg, which directed 
.the occupation of the St<ate capitol by the marshal, with directions to 
prohibit what is termed in the order "an unlawful assemblage," while 
the sa uu' marshal is directed to allow the ingress and egress of ])ersous 
whom he miglit determine to be entitled to such a ])rivilege. Th's order, 
in the case of Antoine, is comi)rehensive and explicit. l!?one can mistake 
its import or its object. It provided : 

First. That the governor of the State be enjoined and restrained from 
examining the election returns or counting votes, except in tiie presence 
of officers designated iu these orders, and from controlling, interfering 
with, or attempting to interfere with, the organization of the State leg- 
islature, aiul from doing any act, or from giving any order or direction, 
or making any request which may directly or indirectly prevent or hin- 
der any person from being present and taking part in the organization 
of the senate on the 9th of December, or at any future day, who may be 
returned as a member thereof by a board comj^osed of H. C. AA'armoth, 
George E. Bovee, James Longstreet, Jacob Hawkins, and John Lynch, 
and whose name has been transmitted to Charles Merritt, secretary of 
the senate, by George E. Bovee, secretary of state. 

Second. That twenty named persons, who had been candidates for 
the office of senator in the State senate, and who were su[)[)osed to 
have been elected, and had been declared to be so, be enjoined and re- 
strained from participating in any manner in the organization of the 
senate, or doing any act about that organization, unless their names 
should appear on Bovee's list of names of members of the senate, as 
transmittal to the secretary of the senate, Charles Merritt. 

Third. About one hundred persons, whose names are given and w^ho 
were supposed to have been elected to the house of representatives of 
the general assembly, and had been declared to be so elected, were 
similarly enjoined from participating in the organization of the house of 
representatives,, or from doing- any act or casting any vote, unless their 
names were on Bovee's list of members. 

Fourth. The clerks of the senate and of the house of lepresentatives 
were severally enjoined from i>la(;ing on any list, or announcing:, or 
recognizing, or designating as a member, prior to or during the organi- 
zation of the res[)ective houses, any person whose name was not placed 
upon Bovee's list. 

Fifth. The secretarj' of state (Bovee) was enjoined from receiving any 
returns of the election of State othcers, or of members of the general 



78 CONDITION OF AFFAIRS IN LOUISIANA. 

assembly, excepting such as sbould be filed in his office by tbe board 
composed of Waitnotb, Lougstieet, Hawlcins, Lyncli, and Bovee. 

iSixth. The chief of the metropolitan poli(;e, and all of its members, 
numbering about three hundred, and the board, were enjoined from in- 
terfering with the organization of the general assembly, and from pre- 
venting the persons on Bovee's list from entering into the halls of the 
assembly. 

Seventh. The persons composing the board recognized bj' the governor 
were enjoined from acting as a canvassing board, and from declaring 
and publishing any calculation, statement, or proclamation of the re- 
sults, or granting certificates of election, or statements tending to show 
any right to oflice growing out of ballots cast at said election. 

The marshal, assisted by a detachment from tlie Army of the United 
States, under these orders took jiossession of the State capitol,and held 
it on the 0th of December, when the general assembly was to convene 
under the proclamation of the governor. The egress and ingress of per- 
sons were regulated according to this order. A person named Pinch- 
back took possession of the chair of the senate, and directed its organi- 
zation. Be had been a senator for a term that had expired. While a 
senator lie had been president of the senate, and in virtue of such presi- 
de?icy, under the law, had acted as lieutenant-governor after the death 
of Duiin, t!ie lieutenant-governor chosen in 18C8 ; but at the time of these 
occurrences he was not meiv]y functus officio as [u-esident of the senate, 
but was no longer a senator, and had no title or color of title to act as 
lieutenant-governor, or to take any part in the organization of the 
Senate.* The house of representatives was also organized, the United 
States postmaster at New Orleans being its speaker. The certificates of 
Bovee under the injunction were taken as conclusive evidence of mem- 
bership. The house passed resolutions for the impeachment of the gov- 
einor, and thus Pinchback felt at liberty to assume the title of governor. 
Two <listrict courts were abolished, and a new court, called the superior 
court,t was established, with extraordinary powers, and, ainong others, 
exclusi\e Jurisdiction to determine title to office, and jNIr. Hawkins, one of 
the members of the Bovee Itoard, which had made the election returns, 
was made Judge. Stei)s having been taken by the governor, in his offi- 
<'ial capacity, to secure a revision, by the Supreme Court of the United 
States, of the chancery orders of the United States circuit court, these 
bodies forthwith adopted resolutions to dismiss these proceedings.]: The 
militia was placed under the command of (leneral James Longstreet, 
another member of the Bovee board, and the arsenals were taken pos- 
session of by the aid of United States troops. 

It has been supposed that no amount of professional energy and 
skill was adequate to make a cou}) de main in a chancery cause. This 
statement shows that a civil revolution was commenced, carried on, and 
accomplished within a lunar month, under the orders of a chancery 
court, in suits over which the court li:ul no Jurisdiction at all, whether 
of parties or subject-niatter.§ The circuit court of the United States is 
a court of limited jurisdiction, and without authority to entertain civil 
suits between citizens of the same State, unless the case arises directly 
under the Constitution and laws of the United States and Jurisdiction 
is vested by act of Congress. Congress has no i)ower to confer Juris- 
diction in any other case between such citizens, it has no authority to 
give Jurisdiction of a suit of a citizen of the State against the State. 
Under the act of Congress of May 31, 1870, upon a single condition of 



* See Appendix D. t See Appendix E. t See Appendix F. $ See Appendix G. 



CONDITION OF AFFAIKS IN LOUISIANA. 79 

I'at'ts, a citizen of a State may inaiutain a suit for an office of a St:ite in 
the courts of the United States, but the State lej;isUiture is specially 
excepted from the operation of this act in the same clause that excepts 
the office of members of Congress and presidential electors.* The ex- 
parte preliminary order in the case of Antoine is as explicit a determina- 
tion of the title of the members of the legishiture, and furnishes as 
complete a writ of i>ossession, as could be devised. The organization of 
the legislature is effected by a simple chancery order. 

Had there been resistance to the execution of these orders, and had 
riot and bloodshed followed, upon whom would have fallen the respon- 
sibility ? By whose forbearance was it that a Vdoody catastrophe has 
not been exhibited as a scandal to the land ? it sometimes happens that 
the executive department is tolerated, excused, or justified in acts of ad- 
ministration which exceed its legal powers. The arguments derived 
from the terms " State necessity," "public welfare," or "convenience," 
have here a soothing influence; but judiciary action is not entitled to 
any benefit from such arguments. The danuige which ensues from the 
employment of judiciary power to accomplish other than judicial acts 
of administration cannot be calculated, and it is impossible to justify a 
court in determining that to be legal which is merely desirable, or that 
to be right which is only profitable. The oider in the Kellogg case was 
ex parte. It was placed in the hands of the marshal without notice to 
the parties. It proceeds for an alleged contempt by no legal procedure 
usual in matters of the sort, and we are not aware of any imminence of 
danger to the public peace which did or could justify the seizure of the 
State capitol in a chancery suit between Kellogg and a. canvassing 
board, a suit professedly brought to perpetuate testimony. 

The case of Antoine displays with even more distinctness than that 
of Kellogg the use that has been made of judicial orders to accomi)lish 
results of which the judiciary had no cognizance. Antoine was a can- 
didate for lieutenaut-goveriior, and would have been entitled to his of- 
fice in January next had he been elected. With a disputed title, a 
month in advance, he filed this bill and obtained the order we have 
cited, placing under interdict the governor, the secretary of state, the 
mend)ers elect of both branches of the general assembly, the board and 
all the officers and men of the police, and the members of two can- 
vassing boards; and upon t\u» ex-partc order the organization of the 
general assembly, at a time when he (Antoine) had no share in any of 
its sittings, was regulated and effected. 

Since the meeting in New Orleans under which the committee was 
api)ointed, we have been met with the suggestion that these orders and 
acts are facts accomplished, and that their revocation or rescission would 
not restore the status quo, and that our complaints, therefore, are un- 
reasonable. If the opinion we have be correct, such a circumstance ought 
not to affect our action or conduct. When the King of Great Britain 
established arbitrarily a government in one of the colonies, the remain- 
ing colonies took the alarm, lest it might serve as a precedent as well 
as an instrument to establish such governments elsewhere. Besides, 
men are less i)atient under wrongful orders and acts of a judiciary tri- 
bunal than even of violence from other sources of authority. A gov- 
ernment which rests for its organization upon an iUegal judicial order, 
executed by a nuirshal with coTn])anies of soldiers, <loes not command 
as much respect or authority as if the judicial appendages had been dis- 

*See Appendix H. 



80 CONDITION OF AFFAIRS IN LOUISIANA. 

peused with, and the Army had set up the government with a stronjr 
and usurping' hand. 

The committee take the liberty to say that they have had no connec- 
tion witli these suits as parties or attorneys ; neither do they chiim any 
of the offices in disjjute. They have not heretofore been concerned in 
the controversies among the ])olitical classes which have endangered 
the peace of, and brought scandal upon, the State. They affirui that, 
during the last four years, there has not been good government in 
.Louisiana. There have been extravagance, prodigality, dishonesty, and 
Avaste in the public exi)euditures. Tlie public debt has been enormously 
increased, with but little corresponding benefit. The credit of the State 
has been given to speculating cor})orations, for personal aims. The 
taxes on property have assumed such proportions that they might ap- 
propriately be called rents paid by the proprietors to the State for its 
occupation and use. The taxes upon business oppress the commercial 
and laboring classes. The laws to control elections, corporations, and 
public institutions stimulate these excesses of office-holders, and the 
consequence is universal depression and discontent. The State needs 
an honest, faithful, and responsible government, conducted to attain 
public objects, aiul not to enrich its members or to perpetuate their 
l^ower. There was an earnest efibrt to obtain such a government at 
the last election, but apolitical conspiracy has unfortunately defeated it. 

We affirm, without fear of contradiction, that the foregoing statement 
exhibits on the part of the United States court the most high-handed 
usurpation of jurisdiction and authority of which the annals of juris- 
prudence 'afford any example.* The action of the returning-board, recog- 
nized and vested with all its powers by this court, has been equally 
uni)recedente<l. Without any ofificial returns before them, without any 
of the official data on whicli alone their action could have been rightfully 
based, they have presumed to proclaim the results of the election. The 
declaration by them of the votes cast in the different parishes is as 
l)urely fanciful as if no election whatever had been held. 

They have arbitrarily^ reduced and increased the votes on one side or 
the other in different parishes to suit their purposes, lu several parishes, 
while retaining or even adding^ to the votes cast for their candidates, 
they have simply aiuiihilated or stricken out entirely the votes cast for 
their opponents. In other parishes they have exactly reversed the 
returns, giving to their candidates the majority which had really been 
returned for their opi)onent's. t They have not i)reten(]ed to furnish 
the pul)lic with any explanation of the basis on v»hich they proceeded, 
or the theory on which they acted. Their whole conduct is without 
any kind of reasonable explanation. 

We submit to the ])eople of the United States that such proceedings 
reach a ]>oint at which tlie whole theory of popular government is re- 
versed and overthrown. The means b^" which such results have been 
reached are enough to startle the i)nblic mind, but the results them- 
selves are not less ai)palling. Aside from the general offices of the 
State, we find the legislature of the State delivered over into the hands 
of men Avho were not elected, and who are utterly unfit for positions of 
such responsibility. As originally composed at its organization, itcouj- 
prised sixty-eight jiersons of color, most of them totally uneducated, 
with a very small minority of whites. Since that time they have ex- 
pelled members whose seats were uncontested. They have unseated 
conservative members returned elected by their owu board, and seated 



* See Appendix I. t See Appendix J. 



CONDITIOX OF AFFAIR8 IN LOUISIANA. 



81 



their deieatiMl opponents, on the siinph» ground that the former had not 
appeared to chiim tlieir treats.* The result is that, orii;inaliy bad as the 
legishitnre was, it makes itself ^Yorse day by day, and the prospect is 
that soon the conservative element of the State will have no represen- 
tation whatever. To those who tiattered themselves with the hope that 
]Mr. Ivelloi;',^' would not willingly abet any scheme of outrageous mis- 
government, it is now apparent that, even supposing- this to be true, 
the ])ower of restraint has passed entirely beyond his control, and that, 
should he attemi)t to thwart the schemes of this legislature, his own. 
impeaclnnent would be a ])rol)able event of the future. 

In conclusion, we would state that we have attempted to perform the 
duties of our mission in the "purest non-])artisan spirit, and that we have 
not sought to furnish capital to any political party or to excite popuhir 
chnnor in the intei-ests of any faction. We have laid our case before 
the President and his Attorney-General, and we willingly testify that 
we have been courteously received and patiently listened to. While 
they have refused the specihc measures of relief for which we applied, 
they have given reasons for such refusal in no manner iujplying any 
indisposition to see justice done. 

They have referred us to Congress, and we feel assured that we shall 
liave tlie immediate sanction of the President so far as we invite an im- 
partial investigation of the facts of our case, and that wc shall have his 
co-operation in any measures of rehef which Congress may adopt after 
such investigation. The people of Louisiana, ignoring^ party, are con- 
scious of having made an honorable effort to place in ohice men of tried 
probity. They seek justice, not generosity. They ask for a calm, im- 
partial examination into the recent extraordinary occurrences within 
their borders, in order that the truth may be known, and that there may 
be a s})('('ily correction of the dangerous evils now threatening the very 
life of their State. 

Washington, I). C, December 23, 1872. 



J. A. Campbell. 
J. Aldige. 
August Bohn. 
Joseph Bowling. 
N. Barnett. 

A. ClIIAPELLA. 

J. S. Copes. 
H. W. Conner. 
H. J). Coleman. 
John C. Potts. 
John F. Pollock. 

J. TUYES. 

Jam]:s Wallace. 
Walker Fearn. 
1). C. Labatt. 
H. O. Seixas. 
J. W. Labouisse. 
D. West. 
KiciiARD Taylor. 
Mayer Stern. 

U. PUGH. 

George W. Squires. 



John Fairbanks. 
C. E. Fenner. 

E. B. WlIEELOCK. 

A. B. Griswold. 

G. KOHN. 

H. McCloskey'. 

G. W. NOTT. 

H. V. Ogden. 
W. S. Pike. 

F. A. Haber. 
H. Gardes. 
P. M. Baker. 
Albert C. Janin. 
S. Hernsiieim. 

T. H. Kennedy. 

J. M. Scott. 

Al. Mij^tenberger. 

H. G. Darcy. 

Sella ]\1artin. 

W. Marks. 

C. M. Wilcox. 

H. R. CRA3IER. 



n. Ex. 91- 



See Appeudix K. 



82 CONDITION OF AFFAIRS IN LOUISIANA. 



APPENDIX, 



The New Orleans Republican, (the organ of tlie radical republican party,) of the 
19th of November, in an editorial article, admitted frankly and unecpiivocally that the 
election held on the 4th of that montli was the fairest and nu)St peaceable ever known 
in the State of Louisiana : that no negro had been deprived of his right to vote be- 
cause of his color ; that there had Keen every disposition to allow to him the nnmo- 
lesTed enjoyment of his rights; and that complete conciliation existed between the 
two races. 



B. 

The total vote in November last for governor, exclusive of the three parishes of 
Saint James, Terebonne, and Saint Tammany, from which irregular and informal re- 
turns only wen; received, amounted to l'2rf,40-2. The total vote of the State in 1870 
was only 100,542. 



[Extract from New Orleans evening papers of November 13.] 

When the board met to-day. Governor Warmoth, Acting Secretary of State llerron, 
and Senator John Lynch being ]iresent, tlie governor, after the reading of the minutes, 
presented tlie certifica.te of Auditor Graham, to the effect that, Secretary of State Her- 
ron being a defaulter, he had been comi»elle(l by the constitution and laws to-snspend 
him from the exercise of his functions, on charges which would be ennmerat^d to the 
senate. Accordingly Secretary of State Herron was requested to withdraw from the 
board, which he did. The governor next jjresrnted the commission, and thi> evidence 
of his qualiiicatio!! for the ofitice, of Colonel J. Wharton, as the successor of (b-neral 
Herron. Colonel Wharton was in the ante-room, and on being sent for promptly ap- 
peared and took his seat in the board. 

Governor Warmoth then proposed the name of F. II Hatch as a .substitute for Lieu- 
tenant-Governor Pinchback, which was adopted by the votes of Governor Warmoth 
and Secretary of State Wharton, Senat<u- Lynch voting "No." It was further moved 
that Durant Dajionte be elected in i)lac(i of Scnatiu- Thomas Anderson. These nomina- 
tions were adopted by the board, whereupon Senator Lynch retired. The board, being 
thus completed accordiug to law, will pioceed to its duties. 



D. 

On Monday, November 9, at the Mechanics' Institute, at the organization of the sen- 
ate, pursuant to the govern<n''s iirochimation. it ^^■as desired by a majority of lln; hold- 
ing-oxer senators, and which majority wvn- nearly all republicans, that the names of 
those holding over, and of those returned by both beards, should lirst be called. These 
senators, according to all law and ))recedent, would then determint! who were entitled 
to seats in all eases of doubt, or wlu;re no returns had been made by the custom-house 
board. But this did not suit the purposes of the custom-house party. Mr. rinchback. 
wlio had called the senate to order, refused to recognize any motion what.soever, and 
ordered the calling of the roll according to the list prejiared at the custom-house. 
General MeMillen, a staunch repnbliean. sprang to his feet, and objected to the arbi- 
trary ruling and nsnri)ation of Mr. I'incliliack. The latter refused to hear him or to 
receive his )>rotest. Other republicans. General IT. J. Campbell among the number, 
denounced jSIr. rinchback's action, and ])rotested again.st his ]iresiding over the .sen- 
ate. Their efforts were u.selcss. United States mai.slials and United States soldiers 



CONDITION OF AFFAIK8 IN LOUISIANA. 83 

wpro on every liand, and their instrnctions from E. H. Dnrell, jmlse of tlie United 
St.iites district court, were to obey tlie bcliests of Mr. Pinchbeck. 

And this is the reason why objections were made to Mr. I'iiichback's fnrtlier presid- 
in;;- over tlie senate. He w;is elected, in lyiiH, senator from the second district of New 
Oi-ieans for a term of four year.s, which expired at the hist eh^ction, wheiiEx-Liiuiteu- 
ant-Governor A. Voorliies was eh'cted to succeed him. At the death of Lieutenant- 
Governor Dunn, Senator rinehback was elected president of the senate, and thereby 
became lieutenant-governor ex offwio. At the regular session of If^T'i, Mr. Pinchback 
«/((Y((/'V chtiincd the r'ujht to vote as nenator, and did .10 rote, as the journal will show. 

When Ex-Oovernor M. Hahn resigned his office, and J. Mailison Wells, lieutenant- 
governor, bfca lie governor in his stead, Si-nator Lonis Gastiuel was chosen president 
of the -senate, and thereby became ex officio lieutenant-governor. All acts thereafter 
passed during that term are signed "Louis Gastiuel. ex officio lieutenant-governor and 
president of the senate." That was according to the law of 18("), which says that, 
wlien a vacancy shall occur in the oftice of lientenaut-goveruor, "the senate shall elect 
a president, who shall be lieutenant-governor." This law has been copied verbatim 
in Kay's revised statutes, 1870. At the ensuing election Governor Wells was a candi- 
date t\)r re election, and Judge A. Voorliies for lieutenant-governor. Immediately after 
the election Governor Wells called a special session of the legislature, to assemble at 
Mechanics' Institute, November •2ri, ISGo. The senate having been called to order by 
the president, Mr. Gastiuel, Mr. Kenner objected to his iiresiding any further, as his 
term of office had expired, and his successor was' present. Thereupon Mr. Victor 
Bnrthe, of .Jetferson, was placed in the chair as president. On the rid of December the 
votes for governor and lieutenant-governor were counted, and on the 4th Mr. Albert 
Voorliies was installed as lieutenant-governor, thereby becoming president of the 
senate. 

Theie is a precedent: the case is precisely in point; the facts agree in every respect. 
The senate is the sole judgt; of the qualitications of its members, and it has given a 
construction to a law which has been re-enacted since that construction of it. .Judge 
Dnrell is without authority, even under the enforcement law, to create a legislature, 
or in any way control its organization. It is deemed proper that these facts and this 
precedent be spread abroad through every State, and the National Government be 
I'ully apprized that the man who has been recognized as "acting governor of Louis- 
iana" is absolutely without right to hold such office. 



E. 

AX ACT to pstablish an ailditional district court for tlie parish of Orleans; to define and limit tlie 
imisdiction, aiii'i to detirminc tlic powers tliereof; to provide tortile trau.sfer of certain eases now 
dependiiij: before certain otlier district courts for said ])aiisli to tlic conit herel)v created ; to 
aiitliori/e the fiovernor to a])iioiiit a judge and a clerk f(U- said court, and to provide a court room for 
said court : -to atudish the seventh and ei;:lith district courts for the p.iiisli of Orleans, and to provide 
for the transfer of the records and suits in s.iid seventh and eighth distiict courts to other courts in 
said parish. 

Skction 1. Be it enacted hi/ the Senate and Hoia^e of licprexcntativen of the State of 
Louisiana in (ieneval An^enihlij convened, That there shall be, and is hereby, established 
an additioiiiil district court for the jiarish of Orleans, which shall be known and desig- 
nated as the superior district coui't for the parish of Orleans. 

Skc. 2. lie it further enacted, tV'c, That the superior district court hereby created 
shall have exelnsire juiisdiction in and for the iiarish of Orleans, to issue writs of 
iiijiinetioiis, mandamuses, quo warranto, and to entertain -all proceedings, and to try 
all cases or actions in which the right to any oftice, S.tate, parish, or municipal, is in 
any way involved. *■ # # j? ^ # 

Six. tJ. Be if further enaded, cfc, That the offices of judge and clerk of the superior 
district court for the parish of Orleans, hereby established and organized, shall be 
deemed to be vaciint as in case of original vacancy. The governor shall at once till 
such vacancies by appointment. * • ^ * « » 

Si.c. 7. Be it jnrthcr enacted, tj-c., That the act of the general assembly, apjiroved 
March Ifi, 1870, entitled "An act to establish an additional district court for the parish 
of Orleans, to define the jurisdiction thereof, and to re-organize and determine the 
jurisdiction of the existing seven district courts for the parish of Orleans." be, and the 
same is hereby, repealeil, in so far as it establishes and (Uganizes the eight li district 
court for the pari.sh of Orleans; it being the intent and i)ur()Ose of this act to abolish 
the said eighth district court for the i)arish of Orleans, and the said eighth d'strict 
court for the parish of Orleans lie, and is hereby, abolished. * * ^ 

Skc. 8. Beit further enacted, cSc, Tlnii the seventh district court for the paiish of 
Orleans be, and is hereby, abolished. * * * » 

Skc. 9. Be it further enacted, c'jc., That all laws or parts of laws in conflict w ith thi.s 



84 CONDITION OF AFFAIRS IN LOUISIANA. 

act lie, and the same arc hereby, repealefl, so far as they are in conllict, and tliis act 
sLall have force and elfeet from and after its passage. 

CHARLES W. LOWELL, 
Speak'er of the House of Ecprcnentalires. 
A. B. HARRIS, 
Frcsidoit of the Senate and Adbuj Lie.ntenant-Govcrnor. 

Approved December 11, 1872. 

P. B. S. PINCHBACK, 
Licutcnani-Gorcrnor and Acting Governor of Lonisiana. 

A true copy : 

GEO. E. BOVEE, 

Secretary of State. 



AN ACT relative to the offino of attorney- ijcneral, and directing the discontinnauce of certain pro- 
ceedings before the Supreme Court of the United States. 

Skction 1. Br it enacted hj the Senate and Hoime of Bc}wcsentatlres of the State of Louis- 
iana in General Assembly convened : Whereas tlie Hon. A. P. Field lias been duly jiro- 
mnlgated as having been elected to the otidce of attorney-general of this State; * 

* * * * and \Nhereas otlier perons nve claiming to represent 

the State of Louisiana injudicial proceedings : That the said A. P. Field, and his legal 
successors, and those acting nuder him or them, be alone anthorized to institute or con- 
tinue in the name of the State of Louisiana any suit or judicial proceeding, and all 
other persons are prohibited from doing the same. 

Sec. 2. Be it further enacted, tj'c, That the said A. P. Field is anthorized and in- 
structed to discontinue any and all proceedings instituted in the Supreme Court of 
the United States by H. N. Ogden or any other person in the name of the said State. 

Sec. 3. Be it further enacted 4''c., That this act shall take eifect from and after its pas- 
sage. 

CHARLES W. LOWELL, 
Sjyeaker of the House of Represenintives, 
A. B. HARRIS, 
President of the Senate, Actiuij Lieutenant-Governor. 
Approved December 10, 1872. 

P. B. S. PINCHBACK, 
Lieutenant-Governor, Acting Governor of the State of Lonisiana. 
A true copy : 

GEORGE E. BOVEE, 

Secretary of State. 



Constitution of the^Statc of Louisiana. 

Akt. 52. No member of Congress or any person bedding oflice under the United States 
Government shall be eligible to the office of governor or lieutenant-governor. 

Constitulion of the State of California. 

Art. 4, Skc. 21. No person holding any lucrative office under the United States, or 
any other power, shall be eligible to any civil oflice jf proiit under this State. 



Searcy vs. Gron; (15 California Re]K)rts, 117.) 

The court, consisting of Chief Justice Stephen J. Field, and Associate Jnatices Bald- 
win and Cojie, say : 

."The counsel for the appellant contends that the true meaning of the constitution 
is, that the person Inddiug the Federal oflice di'scribed in the twenty-first section is 
forbidden to take a civil State of'llc<' while so holding the other; bnt that he is cai)able 
of receiving votes cast for him, so as to give him a right to take the State otlice upon 



CONDITION OF AFFAIE8 IN LOUISIANA. 85 

or after rcsifrninp; tlie Fcdernl office. But we tliiiik tlio plain iiieaiiinjj: of tlie words 
(|ii<)tf(l is tln' opiiosite of tliis coii-strnctioii. The laiii!;iia,i;(i is not tiiat a Federal officer 
siiall not hold a State oftice while he is snch Federal officer, hnt that he shall not, while 
in sueli Federal office, he (fVujible to the State oftiee. We understand the word 'eligible' 
to mean capable of heinjz; chosen — the snhji^ct of selection or choice. Tlit; people in 
tins case were clotlied with this power of choice; their selection of the can<lidate fjave 
him all the claim to the oftice which he has; his title to the office comes from ihc'ir 
desi<i;nati(ni of him as sheritf. But they (^mld not designate or choose a man not eligi- 
ble, (. e., not ca])able of being selected. They niightseiect any man they chose, subject 
only to this exception, that the man tlu'v selected was capable of taking what they had 
the power to give. We do not see how the fact that he became c-apable of taking the 
oftice afrer they had exhausted their poVver can avail the appellant. If he was not eligi- 
ble at the time the votes were cast for him, the election failed. We do not see how it 
can be argued that by the act of the candidate the votes which, when cast, were in- 
elfectnal. because not given for a qualifunl candidate, became elfectual to elect him to 
office. Can it be contended, that if (irow ha,d not been a citizen of the county or of 
the State at the time of the eh'ction, or had been an alien at that time, that tlie bare 
fact that he diil so be.i;ome a citizen at the tinu^ he qualiiied would entitle him to the 
office? Or suppose a man, when elected, under sentence ami conviction for crime— 
if such a case can be supposed — would a pardon before qualitication give him a right to 
hold the office? When the. words of the constitution are plain, we cannot go into 
curious speculation of the policy they meant to declare. It may, however, have been 
a part of the policy of the provision quoted to prevent the emi)loyiueut of Federal 
patronage iu a State election." 



H. 

Act of May :51, 1870. 

Sec. 23. Aiul hv it furfnev enacted, Tiiat whenever any person shall be defeated or 
de])rived of his election to a.ny oftice, except elector of Frcxhhnt or Vice-Prenklent, Rcpre- 
sciilalire or Delegate in C'o»//r<'s-s, or member of a State legi-slatHrc, by reason of the denial 
to any citizen or citizens who shall offer to vote of the right to vote on account of race, 
c()lor, or previous condition of servitude, his right to hold and enjoy such office, and 
the emoluments*t,liereof, shall not be inqtiired by such denial; .and siicir person may 
bring aiiy appropriate suit or proceeding to recover possession of such otilice ; and ia 
cases where it siiall api)ear that the sole qi;estion touching the title to such office arises 
out of the denial of the right to vote to citizens who so offin-ed to vote on account of 
race, color, or previous con<liti(jn of servitude, such suit or proceeding may be insti- 
tuted in the circuit or district court of the United States of the circuit or district in 
which such ]>ersoii nvsiihss. And said circuit or tlistrict (iourt shall have, concurrently 
witli the State courts, jurisdiction thereof, so far as to determine the rights of the par- 
ties to such office by reason of the denial of the right gnarautsed by the tifteeuth arti- 
cle of auieiidment to the Constitution of the United States, and secured by this act. 
(Stat, at Large, vol. xvi, p. 14o.) 



I. 

By the decree, or, rather, the interlocutory order of a United States district jmlge, 
it is attemiited, in spite of the overwhelming expression of the will of the peoi)le of the 
State, to establish over the State of Louisiana a government consisting of a United 
States Senator for governor, the collector of a port as the lieutenant-governor, the 
United States treasurer for State auditor, a surveyor of the port for })resident of the 
senate, the postmaster of New Orleans for speaker of the house, a deputy collector for 
chainnan of the finance committee of the legi-slature, and a legislature composed ])riii- 
ci|)ally of defeated candidates, most of whom are in the employ and pay of the Fed- 
eral Goverument. 



J. 

Extract from the meftsage of the (jovernor, of December 11, 1872. 

It is scarc(dy necessary to state what is so well known to all of you, that the election 
recently lielil was fairly and honestly conducted under the laws of the State, and that 
the registration and the vote were both unusually full, the latter being the largest ever 
cast in Louisiana. 



86 CONDITION OF AFFAIKS IN LOUISIANA. 

Tin* total vote fi)v governor, excliisivo of tlio. three parishes of vSaint James, Terre- 
bonne, and Saint Tammany, from whieh irregnhir and informal retnrns were received, 
anionnted to ri."^,4U2, an increase of 21,8l)0 on the vote of 1870. The re]>nlilican vote, 
estimatnig and adding the three omitted j)arisln!s at the same vote cast in 1870, (:},7:M,) 
is only •J,'4(J1 Itelow the vote cast for tiie reiinhlican State ticket at tht; last election, 
and ir is well known that thonsands of re]»nl)Iiean voters thronghout the State, at this 
election, supported the fusion ticket. Tiie returns made by the State officers were in 
dne torm, and tliese retnrns are the only otlicial evidence in existence of the vote at 
the late election. The pretense of tiie agents selected by Senator Kellogg to promul- 
gate an ofticial falsittcation of the result, that they have made a compilation of the 
votes, is only om? of the bold and audacious Jfalsehoods by which ev-ry step of the 
consjiirators has been marked. Tliose persons had no retnrns, no documents, no evi- 
dence of any kind in their possession, exce^it the stat<'ments made up by themselves 
and their allies for the ctinsnmniation of tlieir fraudulent purpt)ses. A comparison of 
the tabulated statement pul>lislied by them with tin* genuine returns, as previ- 
ously pnlilished, shows that they did their work in Hagrant detiance of decency, 
and witinnit even an attempt to conceal their fratul ami falsehood from the eyes 
of the public. Tiie bill tiled by Senator Kellogg alleged simply a deticiency in his 
returned vote of altout 10,000, dne to an allegitd suppression of a ixution of votes 
actually cast, and a refusal to register or to receive another }>nrtion. Tlie alleged sup- 
pression was totally false, and was supp(nted l»y no evidence whatever — not even the 
simulated cross-mark affidavits with which the conspirators so liberally provided 
themselves in advance. The affidavits fileil by them amounted to abi>ut 4,0i)0 in num- 
ber, according to their own statement. If they had simply added this iiumlier to the 
total, it would have given Senator Kellogg 64,23:3 votes against 68,169 for McEnery, not 
enough to show an apparent election, even including the vote for the thnM; omitted 
parishes. They therefore, without returns, without testimony of any kind, without 
even adopting and following any rational theory of computation, added the enormous 
nninber of 12,675 to Senator Kellogg's vote, and, as it to still further insult the intelli- 
gence of the public, and still more Ihigrantly expo.se their own falsehood and wicked- 
ness, they deliberately struck otf 14,140 from the vote cast for Mr. McEuery. The re- 
turns from the ])arish of Bossier were, for McEnery 9.53, for Kellogg .')55. They report 
for Kellogg l,l.'>0, for McEnery none Tin; vote at Natchitoches was for McEnery 
1,250, for Kellogg 550. They report for Kellogg 1,20(5, for McEnery none. In Assum))- 
tion they have added 504 to Kellogg's vote, and sul)tracted 454 from jMcEncry. In 
Avoyelles they add 525 to Kellogg's vote, and subtract 4.54 from McEluny's. In East 
Baton Kong<' they add 1,343 to Kellogg's vote, and subtract 727 from McEiiery's. In 
De Soto they add 578 to Kellogg's vote, and subtract 660 from McEnery's ; in Pla(|ne- 
niine they add 1,129 to Kellogg's vote; in Saint Landry they add 545 to Kellogg's vote, 
and subtract 5.55 from McEnery's; in \'ernoii, when; JIcEnery has t)li9 votes, they 
allow him 112; in Winn, where ^IcEnery has 575 vt)tes, they allow him 127; iu 
Washington, where McEnery has 453 votes, they allow him 194 ; in Saint Mary 
they add :')()() to Kellogg's vote, and subtract 500 from McEmu-y's ; in Union, 
where McEnery has 1,418 votes, they allow him 460; in Orleans they strike b.'tweeu 
3,000 and 4,000 from McEnery's vote ; and in almost every jiarish they have made 
changes e(jually capricious and irrational, and returns cipially falst; and fraudulent; 
and these are tlu' men who based their suit at law upon tlie charge that the governor 
and the retnrning-olhc.ers intended to falsify, to mutilate, and to destroy the election 
returns. These returns an; in existeiu'c ; they retain all the integrity of their original 
form. They are unmntilated and unfalsilied ; they constitute the only evidence of the 
late election that any law recognizes, or thatany honest judicial tribunal would accept. 
They have never been in the hands of the coiis|)irators, and yet these persons, pretend- 
ing to act as public oflicials, have promulgattid results so monstrously at variance with 
the truth, that they seem to court the notoriety of falsehood and to revel in the pub- 
licity of trauil. 



K. 

Extract from a report of the ]>rocc('dhiys of the lr<j'ishitinr. 
• 

HofSK. — The house met at 12 m. Seventy members present. Mr. Saner in the 
chair. 

Mr. l^emas introduced tlu^ following resolution, which was adopted : 

" Whereas the conimil tee on el -ctioiis and (pialilicatioiis of this house have, .after due 
investigation, reported favoraldy upon the ai)plications of W. H. Decker and Kjulford R. 
Davis, representatives from the tenth representative district, parish of Orleans ; 

" Where.is the said \V. II. Decker and Radford K. Davis are the only applicants for seats 
as representatives elect to this house ; 



CONDITION OF AFFAIR?^ IN LOUISIANA. 87 

"And wliovoas the people of tlic tenth and eleventh wards of the parish of Orleans, eoni- 
prisinji' the said tentli representative district, are now without representation or voice 
in the lei^islatnre of this State : 

'^L'csolvcd, That in consonance with the report of the committee on elections of this 
house, and in view of the fact that the said Decker and Davis are the only applicants 
for seats in this I)o(ly, that the said Decker and Davis he, and they are hereby, admitted 
to seats in this iionse, subject to any contest whicli may be hereafter made!." 

The iiienil)ers elect tlenied seats by tliis resolution are Messrs. Janu^s McConnell and 
J.nnes B. Eustis, who were elected by overwhelniinj^' majorities, aiul whose (dection was 
adnutted by tiie custom-house board, but who absented themselves from the legislature 
because of the illegality of its proceedings. 

The same action was taken by the senate iu reference to Mcssi-s. McISIillen and 
Campbell. 

Uow the right fo smfs in ihe lc<jisJatnre is detcnniued. 

The f(dlowiug resolution, oifered by Mr. Bryant, of East Baton Eouge, was also 
adojited : 

"Whereas the legal returning-board, composed of Jlessrs. Lynch, Longstreet, Bovee, 
and Ilawlvius, have carefully examined, counted, and officially pi'ouuilgated the elec- 
tion returns of members of the hous(; of representatives, elected at a general election 
held on tlie 4th day of November, 1872 : Therefore, be it 

" licsolri'd, That the niembeiis so returned are hereby confirmed as the legal members 
of the house of representatives of the State of Louisiana." 

To ihe people of ihe Norih. 

New Oki.eans, December 13, 1872. 

The undersigned, representatives of houses in the North doing business with the 
South, who have beeu visiting New Orleans for many years past and at present, and 
are thoroughly conversant with the ))olitical feelings of the people of this section, 
wish to ex|)ress our opinion at this critical juncture of att'airs. 

Visiting New Orleans at a season when the city is usually full of activity and life, we 
find every channel of trade paralyzed, the Stat.e-house occupied by troops, the officers of 
the State threatened and intimidated, aiul the people cast info the (leepest gloom by 
the arbitrary usurpation of power and place by political adventurers, backed by a 
United States judge, who has called in the assistance of United States troops to 
execute his decrees. 

After an election, which we believe to have been conducted as fairly and honestly 
as any in which the American iu'0]de ever particiitated, fiiuliiig themselves beaten b^' 
a large majority of tin; votes of tlu^ citizens of this city aiul State, this unscrupulous and 
irresponsible body of men have resorted to frickerj' and violence to defeat the execu- 
tion of the will of the people as thus exi)ressed. 

Believing this action the greatest outrage ever attempted to be carried out in our 
country, and one wiiich fends directly to the overthrow of the liberties of the people, 
and to destroying the power and sacredness of the ballot-box, we hereby enter our 
solemn i)rotest against the high-handed action, and appeal to our fellow-citizens of the 
North lo unite in luotesfing to Congress and the President, to the end that the legally- 
elected officers of the State may be installed in office, and the people of the commuuitj' 
supported in th^'ir ettbrts to exercise the right of franchise, that they may redeem their 
State from the bankruptcy and ruin with which it is now threatened through the 
action of these nameless adventurers. 

CHAULES A. GlUKFITII, 

Eiprescnii)uj A. D. Hop))i)i<i if H'/Aso);, 218 and 2*20 Washington street, Xcw York. 

JolIX D. DAKiiKN, 

John G. MvMnrrai/ <)■• Co., 227 Pearl street, Xeic York. 
Geohge LirsHEit, 

H'. If. Eastham, 129 Broad street, Boston. 
Thomas S. Darhxg, 

Detroit Watch Works, Detroit, Michigan. 
E. P. Bi:i(u:s, 

H. .)'• J. W. King, 80 Chamhers street, Xeiv York. 

WiM.IAM C. IlSLKV, 

. Ilsleg L^' Co., 254 Pearl street, Xew York. 

\V. S. I^'IIXJWAY, 

J. W. GoffcS- Co., 11 Pithlic Landing, Cincinnati, Ohio. 
Jonx W. Poole, 

Jini. R. Warner <)'• Co., \G\ North Third street, Philadelphia. 
J. H. Hai'CooI), 

New York Brush Company, 254 Pearl street, Neiv York. 



88 CONDITIOX OF AFFAIRS IX LOUISIAXA. 

A.MOS Pattkx, 

IV. K. Lewis if Bros., 93 Broad sireet, Boston. 
Gkoi!Ge D. Stuoxc;. 

La Belle Glass Co»ij)a»y, Bridqeport, Ohio. 
E. N. BKur, 

Of Calm, Belt tj"- Co., 32 ffest Lomhard street, Baltimore, 
W, K. Bknnkt, Tildeu .j- Co., Xeic York. 
13. F. LiKJJKU, 
J5. Liebcr c^- Son, 111 and 113 South Water street, Philadelphia. 
E. H. Pac'KEK, 

Whiitemore Bros., 579 Broadivaij, Xeiv York. 
E. H. Pac'KKI!, Bachelor, Moore <V' Co., Boston. 
E. H. Packki!, M. ,('• n. Shricnkheim, yew York. 
E. H. Packei{, Corrji 4' Hooper, Boston. 
E. H. Packki!, Bedford Chain Compautj, Acic York. 
Alexanuku Tougks, Jr., 

L. A. Slrolicl if- Bros., Cincinnati, Ohio. 
A. Fi>E^;n, 
A. D. Flesh tj- Co., Frankfort, Germany, and 351 Broadway, New York. 
W. G. Mok.sk, New Yoi k City. 

C. E. KXAPi', D. P. Ketchum, New York City. 

Fhaxk Hegc.er, E. H. Van Lnyen cj- Co., 2\eiv York City. 
Douglas H. Dleh, 

John Liner .)'■ Son, 24 South Charles street, Baltimore. 
William C. ^Iudge, 

U. B. Madge, 95 West Second street, Cincinnati. 

E. C. COOLIBGE, 

John K. ('oolidjje tf- Co., 244 West Seeond street, Cincinnati. 

Ed. V. liEUMIXGIlAM, 

John McKittrick 4'- Co., 522 North Main sireet. Saint Louis. 
Edmuxi) J. (lorjixE, 

II riyht, Bro^s »/• Co., 324 Broadway, New York. 
GusTAVE A. Jajix, 

Frederick Layman <y- Co., 9(» Tl'all street. New York. 
W. C. SiMMoxs, Jr., Proridence, Rhode Island. 
E. Maitlaxi), 
T. W, Deroe cJ- Co., 115 and 117 Fulton street, New York. 

A. RUTZEK, 

Linseed Oil Comj)any,2'^5 Pearl street, New York. 

D. HiKscii, of Ilirsch i)'- Co., 174 Water street. New York. 
Joe Hakiusox, 

Royal chemical Compa)iy, 191 Duanc street, New York. 
J. T. BriiDEAU, 
Ayent MississijyVi T'atlcy Transportation Company, Saint Louis, Missouri. 

E. E. Pai:kei;, 

Agent McKesson tj"- Bobbins, 91 Fulton street. New York. 
T. SlMMON.S, 

Agent Joseph Schro'der <)'• Co., Baltimore. Maryland. 
Jonx BuTLEH, Austin, Thorp 4' Co., New York. 
Ai-HEirr IxGAHi), 
Bubhcr Clothing Company, Ncu- York, Chicago, Saint Louis, and San Francisco. 
Jonx l>rTL!:i;, .Ir., John Thompson 4' Co., New York. 
I'atiuck J. Mcl'iiiLLir.s, 
W. H. Hortsmann if- Co., New Yorl, Philadcljjhia, and Paris, France. 
J. G. Ca.se, 
General Sujwrintendcnt Chanqrion Cotton-Gin Company, 

102 State street, Boston, Massachusetts. 

J. B. GOLDSTEIX, 

U. Jiiiick c)- Co., 23 and 25 East Second street, Cincinnati. 
J. J. H. IIII.L, 
Bodenhcitn, Meyer i|- Co., 149 Duane and 9 Thomas street. New York. 
Hkxuy M. Wooi.e, Willard Felt ip Co., New York. 
Geohge FicLiHouSE, same, Cincinnati. 
J. T. Saxdeohi), 

(Hies, G rales 4- Co., 13 Maiden Lane. New York. 

Jonx G. IHLSII, 

Charles Lippincolt .i'- Co., 914 and 916 Filbert street, Philadelphia. 
S. Y. D. Ai!iio\v-SMn H, 

Buckenhum, Cole 4' Hall, 10 Maiden lane, New York. 



I 



CONDITION OF AFFAIRS IN LOUISIANA. 89 

J. r. Todd, 

Finn of W. S. Dc Tau .f- Co., Cincinnati, Ohio. 
Nath. p. Snklmnc;, Peamon Hio'n ,y- Co., lioslon. 
Alex. I^amijy, I'aton cj- Co., New York. 
J. W. Bi.AKi:, 

Of Hall li'' Blnkr, 20 Courthiudt ulircf, Xcw York. 
U. F. Wilcox, 
John S. Dnnliam, 117 Xorfh Si.rfh .strcrt, Saint Lonix, Mitisouri. 
Samim-.l FiUKDMAN, 40 Aluiden Lane, Xciv York. 
Chai;lk.s Lek, Charles Lee, lioaion, Mumsachunetls. 
D. Daviks, 

Of A. M. 4- R. Davics, 508 Broadwai/, New York. 
L. WiLKiNS, A. Henderson, 82 JVater street, New York. 

* V. C. ROGKHS, 

Of H. A. Rogers cf- Co., 50 and 52 John street, Xew York. 
W. N. Johnson, of Mills, Johnson <)'■ Co., Cincinnati. 
Waltki! L\ox, Saint Louis, Alissonri. 

Editorial article of the Xew York Herald, of Decemher 26, 1872. 

Is Tins A KKPL'ULIC, AND IS LOUISIANA ONE OF THE UNITED STATKSf — Either tllis 

is a rci)nlilic or it is not. Either the. States iiiaiia<;e, their own local att'airs or they do 
not. Whatever api>earances may denote, \V(^ believe we are not rash in nssnniin<:j 
that tiu^ peojdc of the United States »lo live in a repnhlic; fnrther, we boldly qnote 
the Constitution and decisions of the Supreme Court to prove it incnnihent upon the 
United States "to guarantee to every State in tiic Union a republican form of {"ov- 
einment." lu other words, every State is a. re4)nl)lic within a republic. Now, as our 
creed in the late civil war affirnu'd secession to bt; unlawful, as we proved the right 
by our niij^ht on the battle-iield, I^onisiana is in the Union, because she never was out 
of it, and is entitled to a repultlican loiin of novernnieut, because she is a State. 
Hence it Ibllows that the imperial jiolicy bein<;- pursued toward her is an unwarrant- 
able insult to a conquered, law-abiding, free (?) people. Ignorance is a two-edged 
sword. Negroes demoralized by designing leaders aie no better than low whites de- 
moralized ; and what if a legislature like that of Louisiana should become uncontrolla- 
ble ? Already its members are loud in their thi'tats against their defeated opponents. 
]\Iay it not be possilile for them to turn upon their white instigators ? We say this 
iu>t because negroes are black, but because these paiticniar negroes are from necessity 
totally uneducatc<l, and have been ]>layed upon e\er since they had ])o!itical power. 

Undoubtedly it was a mistake in the liberal rei)ubiicans of Louisiana to dally with 
Waiinoth in tlu- late electioiL < « * * In s[)ite of their aversion they accepted 
his aid ; but his is the power of the boomerang, ami returns to delay, if not todestroy, 
refoini. Few of tlu^ New Orliuuis committee but -were his tierce opponents in the past; 
yet till' administration organ in this city intimites that they are "really acting in 
the interest of Warmoth." And what do this committee ask — a committee. rei)resent- 
ing such vital interests as to draw around them thousamls of citizens to wish them 
"Godspeed" when, in a drizzling rain, they depart for Washington ? What do they 
ask? Anything unreasonable? Why, their str)ry is twice tohl ; and yet we shall 
repeat it again and again, in the hope of bringing the North to its senses and Congress 
to its duty. 

They a>k the Federal Government to make a candid and impartial investigation of 
the facts we have so often put before our rearlers. They maintain, and w(; have everj^ 
reason to believe them, that they have not heretofore been concerned in the contro- 
versies among the jiolitical classes which have endangered the peace and brought 
scandal upon tln^ State. They picture two distinct governments claiming sovereign 
jurisdiction, the United States and State courts in direct conllict. Judge Durell, under 
cohu- of the enforcement act, o\erturning the entire State administration with one 
hand, while he S(Mzes an ojjposition newsjiaper with the other, jdottiug, we are tohl, 
for a nomiji;)J;ion to the Federal Senate. No wonder that strong nuui weep; no woiuler 
that commercial travelers in New Orleans, re])resenting more tjian thirty N(!W York 
houses, ad<lress a memorial to the jieople of the North, protesting against the "arbi- 
tiary usnipation of power and jilace by politiciil adventurers, backed by a United 
States judge, who has called iu the assistance of United States trooi)s to execute his 
decrees !"' 

It was not treason that the libei'al republican governor-elect ])reached. From all 
sides we learn that the State election was peaceai)le. There was every evidence at 
iirst of John McEnery's election, and that he should have asked ihe rresident to sus- 
]iend recognition of both governnuMits until there could be laid before him all the facts, 
seems to us based upon far more sense of justice than Attorney-General Williams's im'- 
mediate recognition of Pinchback, who, with a roving commission from nobody, but 



90 CONDITION OF AFFAIRS IN LOUISIANA. 

sui)pnrte(l liy Federal bayonets, now legislates headloni; out of office whatever senator 

or a.sseiiiblyinau iucurs his dread ilisideasiire. 

* " * * * # » ■» 

We do nor, believe, nor do the committee believe, that the Prcsid( iit desires to tyrau- 
uize over the South. » * » General Grant asks for peace, and wc contend that a 
peacealde union is uterly impossilde so lonj; as there is usurpation in any part of the 
country. Northern republicans disbelieve in tlie sincerity of southern linionists, 
and hence are ready to sui)port carpet-bai>->;ers. We assure them that no disbelief ever 
had less foundation in fact ; that no peo[)h? were ever more ready to aceej)! Ilie situa- 
tion ; but' tliat the best way to footer hatred and revolution is to carry out the guerrilla 
■o'arfare of ailventurers liUe Pinchl)a(k. It is quite possible for a negro or a northern 
man to be a rascal. It is (juite i»ossible for a soutlieru man to be honest. Let honesty 
prevail, and good government will ensue. Let Congress demand a thorough investiga- 
tion, ap])ointing investigators without fear and without re|>roach, and Louisiana will 
be satisfied. Her best jieople arc; not so much averse to Kellogg as they fear his legis- 
lature. Let the election records l)e closely scanned. Attorney-Genei-al Williams ad- 
mits that tlu're may have been " irregularities in tiun'egistratiou and election." " Irreg- 
ularities" is a mild term tor tampering with the bal"ot-l)ox, tiie legis of our liberty, 
and comes witli rare grace from the Attorney-General of the Uniteil States; but the 
admission is alone sufficient for action, and if upon re-assembling Congnsss does not 
hearken to the voice of press and people, we shall believe that there are things far 
more rotten here than in Denmark. 



Hon. George H. Williams, 

Attorney- General of the United States : 

Sill : A memorial sioned by a mimber of citizens of the Sttite of Loui.si- 
ana, directed to the President of the [Jnited States, and to the Con<iress 
of the United States, was phiced in the lumds of the President tlie 19th 
December hist by a committee diarized to perform that dnty ; tlie com- 
mittee at the time informed the President that a commnnication would 
be inepared to exi)l;iiii the memorial, iind this, he said, would lie prop- 
erly address(*d to yourself. On behalf of our fellow-citizens, and of our- 
selves, we hiive i)repared this communication, and resiiectfully ask that 
it be submitted to the President, am], through him, to Coniiress. 

The memoriiil of the citizens of Louisi;in;\, whose names are attached 
to it, wasdesigned to place before the President and Congress f/ricrances 
suffered by the i)eople, jirinciiitdly through the orders and decrees of 
the circuit (iourt of the United States for the district of Louisiaim, which 
luid been executed by the employment of the Army of the United Sttites. 
We aver that these orders ;uid decrees were extra judicial, were' beyond 
the comjietency and jurisdiction of that court, and in violation of the 
petice and dignity of the State of Louisiana. In support of tliis conclu- 
sion, we siiy tluit the circuit court of the United States is a court of 
limited jurisdiction, and tlmt its limits are determiiu'd by the ticts of 
Congress which have established the court. This jurisdiction, in ctises 
of liiw iind eipiity of a civil nature, (except in it few and designated in- 
stances,) depends upon the citizenshii) of the ptirties to the suit. Ex- 
cept in these special ctjses, the court litis no jurisdiction of controversies 
between citizens of the same Sttite. ]S\) act of Congress ha.>> jtrovided, 
and we m;iy add tlmt Congress could not properly provide for the main- 
teuiuice in thtit court of a suit by a citizeu of a Sttite ag.iiiist the gov- 
ernor t)r other publico otlicers of the State, or <Iirect him or theui in the 
lierlorniiince of duties under <i statute of a St.ite in a unitter of niu- 
niciptil concern. The juridical and professional opinion, as well as the 
olliciid lU'tion of the authorities of the Sttite and Federtd (iovernments, 
luive recognized a broad division as to the subjects of their respective 
jurisdictions, and, genendly, there has been c.ire aud circumspection on 
the i^art of both to avoid all occasiou[for interierence or collisions. The 



CONDITION OF AFFAIRS IN LOUISIANA. 91 

reports of tlie Supreme Court of tlie United States disclose the wisdom 
Avlii(;li lias been emi)lo.ved in establishing;- the rnle, and the conscieu- 
tionsness with which it has been sni)i)orted and applied. 

The api)liciirion in })ractice of this [)rinci[>le has been salutary, being 
productive of harmony and peace. 

jSTo instance can be found in the judicial iidministration of the United 
States, in which an authority has been claimed to control the action of 
an ofticer of a State, in the exercise of functions imposed by a statute of 
the State, and atfecting ])ersons and things exclusively within the juris- 
diction of the State. No instance is remembered in which it has been 
supposed by any court of the United States that it had any control 
over the election of the municipal officers of the State. The a[)i»earance 
in a court of the United States of candidates for the offices of governor 
and of lieutenant-governor, to control the governor of the same State 
and the canvassing boards in relation to the ascertainment of the result 
of the election to tliose offices and other municipal offices, is a novelty, 
and the consequences of such a jurisdic-tion are so far-reaching that in- 
quiry IS called for. If it be found that a jurisdiction has been assumed, 
unwarranted by the Constitution or the laws of the United States, a 
remedy ought to be tirndy a|)piied. 

The oidy i)ower granted by Congress to a circuit court having any 
relevancy to this subject, is to be found in the 2o{\ section of the act of 
Congress approved olst May, 1870, called the enforcement act, and de- 
signed, as its title declares, to maintain the rights of citizens to vote at 
elections. An examination of this section shows that it is intended to 
preserve the rights of the candidate who shall be defeated or deprived 
of his election, by reason of denial to any citizen or citizens of their 
right to vote on account of race, complexion, or ])revious condition of 
servitude. The remedy granted to such a candidate is a faculty of main- 
taining an appropriate suit in a circuit or district court of the United 
States, and that the court shall have jurisdiction " to determine the 
rights of the person to such oftice, by reason of the denial of the right 
secured by the thirteenth amendment to the Constitution of the United 
States." This section of the act of Congress determines the only case, 
and iletines the limit and the quality of the jurisdiction conferred. The 
case is a single one, confined to a specitic subject and form of claim, and 
the duty of the court is carefully defined. We shall not inquire con- 
cerning" the validity of the act of Congress, nor raise any question with 
the circuit court of Louisiana, which is within the bounds of this sec- 
tion. 

From the operation of the jurisdiction of the courts of the United 
States, granted by this section, the members of Congress, we>»/>tr.s' of ifAe 
)St((te Icj/i.slatuyc, and the electors of President are excluded. None of 
these (tan bring such a suit as the act contemplates for other cases. 
AVilliam Pitt Jveilogg tiled a chancery bill in the circuit court of the 
United Slates at New Orleans, the IGth of November last, against the 
governor, (Warmoth.) AVharton, Hatch, Da Ponte, members of a can- 
vassing board, against his conqjctitor, ]\IcEnery, and the i)ublishers of 
the official journal of the State, all citizens of the State. He states that 
he had been a candidate for the office of governor at an election which 
took place on the 4th of November, 1872, for the executive and legisla- 
tive and judicial oflicers of the State, and was opposed by ]McP]iuM-y. 
He complains that the governor, Warmoth, had declared that he should 
defeat hinj by all means in his power, and by the abuse of ])owers, and 
that the governor had used an(l abused powers. That he (Kellogg) be- 
lieved the votes of ten thousand persons of color entitled to vote had 



92 COXDITIOX OF AFFAIRS IX LOUISIANA. 

boon excluded because of tlieir coini)lexion and previous condition of 
servitude. Ue charges, too, that tlie votes had not been ])ro[»erly 
counted — to his prejudice — and tliat the returns made were false and 
fraudulent. He further couiplains that Warinoth had organized a re- 
turning-board, composed of himself and the deleudants, and that the 
legal board was Warmoth, Lvucli, Hawkins, Longstreet, and Herron, 
His ai)[)reliensi(ui, and the cause of his suit, is, tliat it was the i^urpose 
of the defendants to make such a pretended canvass of the votes as 
should etfect his apparent defeat, an(l declare McEnery governor of the 
State; that this catastrojilie would deprive tiiese persons of their 
suffrage wlio had been excluded because of their ra('e and color, and 
would give effect to false, fabri(;ated, erroneous, and wrongful returns. 
The bill shows there had boon no action of either of these boards, and 
that no result had been ascertained or declared. The law of the State 
is, that the governor and lieutenant-governor elected in Novend)er shall 
not be inaugurated until January after. There was no adverse posses- 
sion of an office this plaintiff had desired to till. 

It is nmnifest from the bill itself that the case provided for by the 
twenty-third section of the act of Congress had not arisen, ami might 
not arise. The case made by the bill is a case to control the organiza- 
tion of the returning-board, to try the title of the governor and the 
board acting with him, and to set Uj) in their absence a board nom- 
inated in the bill, but none of whose members were before the court as 
parties. 

On the face of the bill the case is not within the purview of this deli- 
cate and ditlicult statute. 

We shall furnish the bill, with this ])aper, that it may be examined. 

The (Ujja/-/^^ order, for restraining the defendants, we shall now ex- 
amine. We cannot be mistaken as to the im[)ort of this order. The 
suit authorized is a suit at law between two parties for an office, of 
which one has been dei)rived by the existence of a s])ecitic form of facts. 
The restraining order of the court takes under its cognizance and con- 
trol the entire results of an election for executive, legislative, and Judi- 
cial officers of the entire State, at a general election, pursuant to the 
constitution. There is no limit of tlie incpiiry to the contest between 
Kellogg and IMcEuery, but the court grasps the oversight ami direction 
in reference to all of the returns of all of the officers appointed under 
the laws of the State in reference to the election. This order is nuide 
ni)on the submission of the bill, and will be found on the fourteenth and 
following pages of the i)ami)hlet record of the case of Kellogg*. 

The governor, Wharton, Hatch, Da Ponte, ]McEnery, antl the pub- 
lishers of the Xew Orleans liopublican are the subjects of this order. 
These are restrained from considering or canvassing any certificate, 
statement, return of any supervisor of registration, except in presence 
of the four i)ersons, Lynch, Hawkins, &c., &c. The governor is ordered 
to desist and to refrain from submitting to his co-defendants, as mem- 
bers of a board, statements, certificates, or returns of elections, and to 
desist from re(;ognizing, or permitting them, or any others but those 
first mimed, (Lynch, &c.,) to inspect, consider of, or have access to 
statements, certificates, returns, affidavits, proofs, relating to said elec- 
tion, and he is told in the order that it is his duty to submit these to 
Lynch and his associates, as the only legal board. The governoi', \Mnir- 
ton, and others, are commanded not to proceed as a board, and .McEuery 
is commanded to set ui) no claim to the office of governor, and the official 
journal is forbidden to i)ul)lish the evidence they may furnish. 

The committee find it difficult to characterize properly an order of this 



I 



CONDITION OF AFFAIRS IN LOUISIANA. 93 

sort. It is an ex iKirte order — in a case of Kellogg', a candidate for a 
single oHice, who npprehends <lefeat, and menaces a contest. Bnt the 
snit of Kellogg disapitears from the order except in its iiijnnction npou 
]\lcEnery. The order contains a prejndication, that the conrt has the 
oversight and control of an ele(;tion in every part of the State, to de- 
termine who are to act as the canvassingboards and who shall not act, 
also what effect is to be given to the acts of one board, and that none 
shall be given to the other. 

The ginernor of the State is commanded as if he were a servant of 
the court. 

We call attention to the twenty-third section of the enforcement act, 
before cited, and direct attention to the order in its vast extension be- 
yond the jurisdiction conferred n[)on the court by that section of the act 
of Congress. The election returns of the State by this order were taken 
under the jurisdiction of the court. 

The govcriujr of the State afterward convened the State legislature to 
meet the Dth November, 1872. The publication of the returns of the 
election, for those ofticeis, ami others essential to the State administra- 
tion, it may be assumed was not within the scope of the suit o< Kellogg, 
or the power of the court. But the circuit court seems to have con- 
cluded that its commission was at least as broad as that of the llouian 
dictator. 

An order was made in the case of Kellogg, which bears date the 5tli 
December, 1872. Tljis order was published by tlie official journal of the 
State in an extra^ with tbe facts connected with its execution, the Gtli 
December, 1872. The order as t4ius published and the remarks on it in 
the journal are as follows : 

Ab(Hit 2 o'clock this morning General Jackson, in command of a por- 
tion of a reginuMit of United States infantry, marched to the State- 
lionvse, and took u[) quarters there. 

This proceeding was the result of an order issued by Judge Durell, 
l)ublished to-day. 

Outside the State-liouse was a snudl gathering of citizens, all unde- 
monstrative. 

Mr. Bovee, secretary of state, visited his office and took charge of it 
without himlerance. 

(4overnor Warmoth was not interrupted in bis personal movements, 
but came and went as suited him. 

All others having business in the State-house were permitted to pass 
to and fro. 

Xot a single policeman was in sight on duty. 

The Lynch board of returning-oflicers is in session over the Germania 
Bank, and 3Ir. Bovee is taking part in the proceedings. 

Ciicuit court of tlie Unitctl States, fifth circuit aud district of Louisiana, in (Mpiity 
— No. G8m Wiliiaiii P. Kcllooj.- )-,v. H. C. Warniotb ct als. Wljerea.s llcury C. War- 
iiiotli, ou« of the respondents iicrcin, h;is. in violation of the restraininj;' order herein, 
issued the followinjj; prochunatioU and returns of certain persons chiiniinj;- to he a board 
of rt^tnrning-uftleers, all iu violation and contempt of the said restraining order, as fol- 
lows, viz : 

PKOCI.AMATIOX. 

State of Louisiana, Exkci'tive DKPAiiTMKXT, 

Xew Orleans, Ikceiiibcr 4, 1872. 
^Yhereas T. S. Wiltz, Gabriel De Feriet, Thomas Isabelle. .1. A. Tavlor, and J. F. 
Austin, returning-ofilieers appointed by the governor to till vacancies existing;-, in ac- 
ci;r.laiice with tlie constitution and laws of the State of Louisiana, have nuide decla- 
ration of tlie result of an election Indd November 4, If^T'i, and have delared certain per- 
sons elected to the senate and house of representatives of the State of Louisiana, as 



94 CONDITION OF AFFAIRS IN LOUISIANA. 

will appeal' from the returns herewith atta(-he(l and made a part of this proclamation ; 
and 

When^as Kuch rt'tnrns are compiled from the othcial returns of commissioners of 
election and supervisors of refjistration, on tile in this ofirice,and are in fact and in form 
accurate and correct, and nnide in accordance with law : 

Now, therefore, I, Henry Clay Warmotli, j;()vernor of the State of Louisiana, do issue 
this my ])roclaniation, making known the result of said election aforesaid, ami com- 
mand all officers and persons within the State of Louisiana to take notice of and re- 
si)ect the same. 

Given nn<ler my hand and the seal of the State, this fourth day of December, A. D. 
1872, and of the Independence of the United States the ninety-seventh. 

H. C. WARMOTFI. 

By the Governor: 

Y. A. Woodward, Assislant Secretary of State. 

Now, therefore, in order to prevent the further olistructiou of the proceedings in this 
cause, and further, to pri^veiit a violation of the orders of this court, to tlie imminent 
danger of disturbing the public peace, it is hereby ordered that the niarslial of tiie 
United States lor the district of Louisiana si i all furtlnvith take ])osse.'*siou of the building 
known as the Mechanics' Institute, and occupied as the State-liouse for the assembling 
of the legislature therein, in the city of New Orleans, and hold tlie same sul>,ject to the 
further order of this court, and meanwhile to prevent all uidawful assemblage therein 
under the guise or ]iretext of authority clainied by virtue of pretended canvass and 
returns made by said pretended returning-officcrs in contempt and violation of said 
restraining (uder ; but the maisbal is directed to allo\v the ingress and ingress to and 
from the public offices in said building of persons entitled to the same. 

E. H. DURELL. 

In obedience to tliis order, the ITnited States marshal called upon 

General , cointnaiidiiig dei)artmetit, for a nti itary force tcxwecnte 

the above order, which was promptly tarnished aii(*l possession taketi of 
the institute at an early hour this iiioruiiio-, and the marshal is now in 
possession. 

It will be seen that this order, too, is ex parte. It assnines that the 
governor has committed a contemi)t, by a ixiblication, which the order 
of tlie court recites. Besides this, th" court undertakes the office of 
conservator of the peace, and to maintain it, directs a jLiarrison to be 
])laced in the State capitol, and forbids, as an nnlawful assemblaiie, the 
legislature, referred to in the governoi's proclamation, to be cotivened 
theic. 

We are not awaie of the existence of any disorders, riots, tumults, 
menaces of insurrection, or violence at this <late. There was dotnestic 
tianquillity, atid the absence of any disturbatice or disquiet — unless it 
Avere in the court. Upon what authority of statute, or what ground 
existed in the ]>roceedings in the case of Kellogg, to authorize a court 
to make an order of this kind, and to secure its execution in the maimer 
stated in the official Journal, this committee have not been able to dis- 
cover. 

About this juncture C. C. Antoine, a camlidate for the offic«^ of lieu- 
tenant governor, sought tlie interposition of the circuit court to seciire 
him in that office. Ilis induction into ollice, even if he had been duly 
elected, and there were no counter claim, could not take jilace befoi'e 
January. In this respect his term commences like that of the governor. 
But he was apprehensive of some evil, and claimed very much, as did 
the governor. The organization of the legislature, to be convened on 
the *Jtli of November, was the matter to be effi'cted by the orchns of tlie 
circuit court, and it is n[)oii his bill that the order we now submit was 
issued and promulgated. 

We shall supply a (H>py of the bill and of orders attached, and do not 
therefore state the former with more jtarticularity. 

This restraining and mandatory order we are compelled to state for 
the subject of comment. 



I 



CONDITION OF AFFAIRS IN LOUISIANA. 95 

Tills order appears in the official Journal of the State of Siiiulay, the 
8th of December, 1872, the day prior to the assemblaj^e of the State legis- 
lature, as api>oiuted iu the proclaniatiou of the go\eriu)r. 

Notice is called to it by a caption, " Anotiiku bill in equitij.''^ " Pro- 
teciion to the iState legislature.^' " Hands off, all round." " Rend., ponder, 
observe.''' Certainly the order thus i)ublished should be <leliberately 
read, and the contents should be the subject of grave consideration. 
The like of it will not be found in the annals of the United States, or 
of any State. 

The circuit court, upon the bill of Antoine, (who had no participation 
in the pro(;eedings of the legislature, who was, as matter of fact, an 
officer in the Treasury Department of the United States at this date.) 
])rocures the injunction to the governor of the State, under whose proc- 
lamation the State legislature was to assemble. The governor was en- 
joined and restrained, iu any manner, by himself or through any other 
officer of the State, city, or parish, or other person, from controlling or 
interfering with the organization of either branch of this general assem- 
bly of the State to assemble the Dtli December, 1872, or that may be 
called to assemble at any iuture day ; or to i)revent any person from 
entering the State capital, or to hinder any one from participating in 
the organization who shall have a certifi(;ate from the Lynch board be- 
fore referred to; or from aiding any one not so returned; or fiom doing 
any act or from giving any onler or direction, or making any request to 
l)revent the organization of the legislature returned by that board, or 
to aid or to abet any one who is not returned by that board, from partici- 
pating in the organization of the house. He is required not to inter- 
lere with the secretaries of the two houses from rendering full obedience 
to the orders of the court. But the governor is allowed to act, provided 
he will do so, with the board which the court has accepted. 

The membeis who had been declared to be elected were required not 
to i)articipate in any assembly unless the members were returned by the 
same board. One-half of the senate were chosen at this election, and 
the order of the court embraces them, and every member of the house 
of re[>resentatives. 

The secretaries of the senate and of the house are directed particularly 
that they shall use a specific roll, as furnished by Bovee, as the true 
senate and the true house of representatives, and that none other shall 
be used, and no one not on that roll shall have recognition as senator or 
representative. The secretary of state, Bovee, is directed to nsake cer- 
tificates u])on the returns of a single designated board, and none other. 

The metroi)olitau board of police, its commander and men, are put 
under restraint, and all the ])ersons l)elonging to the can^■assing-boards 
and officers other than the one acting are [)laced under an injunction. 

The bill of Antoine and this order were not debated or discussed in 
court prior to its date. It came before the i)eople of the State by sur- 
l)rise. The impression unTde by the order is simply one of amazement. 
It is a sounding catara(;t; mandate alter mandate rushes along, break- 
ing the barriers of the constitution, law, judicial practice and i>recedure, 
and the ancient laiul-marks of jurisdiction in the courts of the United 
States. The traditional stagnation of the \\aters of a cliam-ery court 
has been disturbed in a manner never heard of before this date. Wc 
hold, jMr. Attorney-General, that the American State and Federal con- 
stitutions, without an excei>lion, give to the respective houses that com- 
pose the general assembly the entire and exclusive jurisdiction over 
questions relating to their organization. Each house decides upon its 
rules of proceeding, and u[)on the election and qualifications of its mem- 



96 COXDITIOX OF AFFAIRS IX LOUISIAXA. 

bors. Unloss tlie constitution providos otherwise, tliey select tlieir own 
ofticers and control them. It is entii-ely beyond the power of the inia<;i- 
iiatioii of this coniniittee to conceive that there is any constitution, law, 
custom, rule, pre(;edent, or other form in which authority is manifested, 
to justify this order of the circuit court of the United States. The ad- 
judged cases, with which our intelligence has had connection, place a 
seal of emphatic condemnation ui)on it as beyond the judicial power, 
however large, under o!ir institutions. Such an onler from the circuit 
court of the United States, under the presidency of the associate jus- 
tice and the judge of the circuit court, would lill the country with dis- 
nu«y if the country happened to be weak, with determination and energy 
re(iuiring indemnity if strong. This committee and tiieir constituents 
sup{)osed that from a court thus composed siu'h an order was a far dis- 
tant i>ossibility. It was therefore the committee made an aj)]»licatiou 
that the judges who constitute that court in its su[)erior coiulitiou 
should impiire into the validity of these orders. 

This committee, acting on behalf of themselves aud their constitu- 
ents, say that they have not supposed that Congress would entertain 
any complaint by the citizens of a State against the officers composing 
the State government for tlieir misconduct, their mala<l!ninistration of 
the laws of the State, except under very particular and peculiar condi- 
tiojis, which can hardly ba stated in advance of their oc-urrence. 

They have, thererore, commenced these complaints with tiie account 
of the exorbitant and usur})ing action of the circuit court of the United 
States in the cases of Kellogg and Antoine, two candidates for offices, 
who are yet not entitled to l)e instalU'd if they had been unanimously 
voted for at the election on the 4:th of November, ISTU. 

Whether the candidates Kellogg and Antoine should fill the offices of 
governor and lieutenant-governor of the State for four yeilrs after a day 
ill January, 1873, may have much im[>ortance to them, as well as to the 
l)e()i)le of the State. These persons, if deprived of tliis coveted enjoy- 
ment by the occurrence of a i)rescribed condition in the twenty-third 
section of the act of May, 1870, were entitled to bring a civil suit in the 
circuit or district court, but tlu\se suits were brought upon ])remature 
anxieties and apprehensions. But the suits they brought and the oiders 
made have but little connection. These names api)ear in the title of 
the cases in which the orders aj)i)ear, but ap[)arently for the ])urp()se of 
showing that there was a case in the court. Tiie substantial jurisdic- 
tion exercised is over the election of the 4tli of November, 1871* — the 
executive, judicial, legislative oiticers, the election of members of Con- 
gress, and of presidential electors. The injunction oi'<ler to the gov- 
ernor of the lOtli November, of the atli of I)e(;ember in the case of Kel- 
logg, and that in the case, of xVntoine, comprehend the action of the jieo- 
l)le at that election in all of its extent ami operation. The contempt 
which is recited in the order of the oth of December is for a general 
act of administration done by the governor iMider a statut(M)f the State. 
This act is made a ground not i'or a. proceeding against Warmoth for a 
disobedience of the order, but for an order to s^ize the capitol, to treat 
a body called by the governor as an unlawful assembly, and for a call for 
a reginu^nt of soldiers of the United States Army to support this court 
and its authoiity. 

It was thus that the circuit court in its order dated the 5th December, 
in the case of Kellogg, and its contemporary order in the suit of Antoine, 
retorted upon the i>eoi)leof the State the contem])t with which it charged 
the governor as guilty in pul)lisliing the election returns. Tlie court 
seems to have decided that this publication furnished undisputable evi- 



CONDITION OF AFFAIRS IN LOUISIANA. 97 

(lence that whatever certificate canie from the Lynch board must be sup- 
ported by chancery order, with a military force to maintain it. 

The seizure of the capital, and the impaneVtmi of a lef/islatnre upon 
venire facias to the selections of the Lynch board, and by the require- 
ment upon the secretaries of the two houses, to follow prepared lists 
described in the chancery writ, appear to be parts of a carefully ])re- 
l)ared scheme of orj^anization of the legislature by the court. In look- 
ing: to the breadth of these orders, and the supercilious s[)irit in which 
tliey seem to have been made, the marvel is that they should not have 
comprised more. The State might have been ])laced in the hands of a 
chancery receiver with quite as much propriety as in the hands of such 
a legislature, and an order for a receiver would have been congruous to 
chancery modes of procedure, and would have had more likeness to ju- 
di(;ial action. It is impossible to have any other sentiment in reference 
to this judicial action than tliat of indignation. The committee cannot 
doubt that the President and Congress will vindicate the Constitution 
of the United States, and maintain the rights of the peoi)le of the State 
in their integrity. The facility with which this revolution has been 
made cannot but awaken ap[)rehension, and to (;all for guarantees to the 
stability of State governments. 

Tlie fact that t!ie circuit court has exercised a jurisdiction and granted 
orders which were beyond the scoi)e of its jurisdiction and authority, 
against the peace and the dignity of the State, the committee regard as 
unquestionable. Such being a fact, the court was entirely in fault for 
having made the orders, and having sought for a military force to carry 
them into execution. Such (mlers go forth without authority, and have 
no lawful claim ui)ou any party for respect or for obedience. Had there 
been resistance, all of the responsibility' for that resistance would have 
been chargeable upon the illegal orders, and not upon those who were 
not by any law or constitution liable to them. The court, in issuing com- 
mands to the governor of the State, to the officers of the executive de- 
partment of the State, to take possession of the State capital, and to 
impanel a State legislature, with a demand of a military sui)port, con- 
tem[)oraneously with the signature of the orders, seems to have been 
cognizant of their dangerous import, as the court must have been aware 
that they were without a precedent. 

We consuler it to be irrelevant to the discussion to inquire into the 
truth of the allegations of the bills, either of Kellogg or of Antoine. 
The orders that have been executed were for the most part made and 
executed before any requirement upon the parties to the cause to admit 
or to deny them. 

They were nmde e.r parte and out of court. The time, place, and con- 
ditions of their signature nuiy be a proper matter for inquiry. But the 
fact that they were not signed with notice to the parties sufficientlj* 
appears upon the record of the suits. Nor did any one of those parties 
have any capacity to answer, as the court had no capacity to examine 
how the State legislature should be organized. There has been pub- 
lished a telegram from the marshal of the court, which contains matter 
connected with the returns of one of the board, which we attach. If 
this statement be true, it would seem that the State legislature was 
chosen by the board in a manner as singular as the orders of the circuit 
court. 

The committee have submitted their case to the constitutional tribunal 

of the country. If it be true that the circuit court had no jurisdiction 

to deal with this subject in the manner presented by these orders, it 

would seem to be proper for the Congress of the United States to take 

H. Ex. 1)1 7 



98 " CONDITION OF AFFAIRS IN LOUISIANA. 

cognizance of that fiict, and provide that the })o\vers of that court should 
not be perverted. 

If the government of Louisiana be one established by the illegal orders 
of the circuit court, supported by the use of the Army of the United 
States, the duty of Congress to inquire into all of the conditions and 
circumstances under which it was done would seem to be clear. 

If the persons placed in the government of Louisiana derive their 
title mainly by the fact 'that there was superior power to support those 
"svho were interested and concerned to set up a government of their own, 
aiul that the government set u[) was thus established, it is not a repub- 
lican government, but an illegal, illegitimate, and usurping government. 
The ease is one into which there should be inquiry. A portion of the 
citizens of Louisiana believe that this government has no better title 
than that which is derived from the orders of the circuit court, and the 
armed interferejice for their execution. 

They believe that there was not an exaniinatiou of official returns or 
other legal eviden<;e of an election by the board which had the support 
of these authorities; that the government is illegal and illegitimate. 
It is in vain to look for redress from the usuri)ers. It cannot be ex- 
pected that they will abdicate their position. But, if the govern- 
ment be the otfsi)ring of illegal and unauthorized action of the Fedei-al 
court without authority. Congress may guarantee a republican form of 
government. It is that there may be indemnity for the past and 
security for the future that a large number of persons, who have an 
interest in the State, as citizens, have placed their memorial in the 
hand of the President. 

llespectfull V su bm itted. 

JOHN K. CAMPBELL, 

Chairman of Committee. 



APPENDIX. 



EESTRAINING ORDER. 

United States of America, eircuit court of the United States, ffth circuit and district of Louis- 
iana. Novemhcr term, A. D. 1872. JS^w Orleans, Salurday, November 16, 1872. Court 
mrt pursuant to adjournment. Present the Hon. E.H. Durell, district judge. William P. 
Kelloijg vs. H. C. Warmoth ctals., \o. 68:50. 

On motion of J. R. IVck\vitli,eounsol and solicitor for coniplainant, it is ordtMod that 
H. C. Waiiiiotli, Jack Wliaiton, Frank H. Hatch, Durant Da I'ontc, .Jolm McEncry. and 
the New Orleans Rc])ul)ii(;an Printinj;- Company, pnblislicrs of tlic New Orleans Repub- 
lican, a newspaper, beinj; the oltieial jonrnal of the State of Louisiana, be enjoined and 
restrained from in any manner, either directly or indirectly, pretending to consider or 
canvass any certificate, statement, or return of any supervisor of registration, except 
iu the presence of the h'gal returning-otticers named in the bill of comi»laint filed this 
day, to wit: John Lynch, Jacob Hawkins, James Longstreet, and Francis J. Herron ; 
and it is further ordered that the said H. C. Warnuith desist and refrain from submit- 
ting to the defendants, Jack Wliaiton, Franic H. Hatch, and Durant Da I'onte, or any 
or either of them, eitlur as pretended members of any Ix.ar*! t)f rctnrning-officers of 
election* of the State of Louisiana, or as individuals, any statements, certificates of 
returns, or pretended statements, certificates, or returns of election, and to desist from 
assisting, aiding, abetting, or permitting any other .jjcrson or persons Avhatsoever other 
than Jolm Lynch, Jacob Hawkins, James Longstreet, and Frain;is J. Ilerron, or their 
duly (jualified successors, as returning-otiticers, to ins])ect, consider, or luivc custody of 
or access to said statenuMits, certificates, or leturns of said supervisors of registration, 
or any other paper, document, affidavit, or proof that may have come iato tlie hands 



CONDITION OF AFFAIRS IN LOUISIANA. 99 

of said Warmotli, or shall hereafter come into his hands, relatinj? to said election, or to 
the fairness or correctness thereof, and which by hi-w it is his dnty to snUniit to the 
said John Lynch. Jacob Hawkins, James L()n<;str(M't, and Francis j. llerron, the said 
legal board of retnrniug-oflicers of elections, and which slionld l)c jjroperly considered 
by them. 

And it is fnrther ordered that the said H. C. Warmoth, Jack Wharton. Frank H. 
Hatch, and Dnrant Da Ponte, and each of them, be commanded and enjuined to refrain 
and desist from pretending to act togi'thcr as a board of retnrniug-ofticcrs, or as re- 
tnrning otticers of elections, from cmvassingor attemplin<;- to canvass or c(msider any 
certiticate, (hicnment, attidavit, return, statement of votes, or any pajier whatsoever 
properly relating TO said election mentioned in the said bill" of complaint, and from 
atteini)ting to unike a canvass, to make, declare, or publish any pretended deduction, 
calculation, statement, or proclamation based thereon, or pretended to be derived 
therefrom, in any way relating or pertaining to said election mentinned in the said 
bill of complaint, held on the 4th day of November, 1872, or certifying to any candi- 
date for ortiee at said election, any certilicate of election, or any statement of the result 
of said election tending to show any right to ofdce in any person growing out of bal- 
lots cast at said election, and from iiu'ddling with, altering, suppressing, falsifying, 
obliterating, or destroying any document, pai)er, voucher, ])roof, statenmnt of votes, or 
certiticate relating to said election. And it is fnrther ordered that the said John Mc- 
Enery be commanded, enjoined, restrained, and inhibited from in any manner acting 
or [)retending to act as governor of the State of Louisiana, and from making any pre- 
tensions or asserting any claim to the oftice of governor of said State by virtue of any 
jiretended evidence of election thereto under or by virtue of any certilicate, document, 
or count, canvass, or adjudication now or hereafter nnide by the said defendant, H. C. 
Warmoth, and the said defendants Jack Wharton, Frank H. Hatch, Dnrant DaPonte, 
in this bill charged to be unlawfully combined and conspired asreturuing-ofticers. Audit 
is further orilercd that the saidNew Orleans Kepublican Printing Comi>auy, under whose 
control and direction the newspaper called the New Orleans Republican, the ofdcial 
jonrnal of the State of Louisiana, is published, whereof W. R. Fish is president, be en- 
joined and restrained from in any manner publishing any official notice, document, or 
statement relating to any canvass or statement of votes made, or pretended to be made, 
or m any nnmner emanating from the said H. C. Warmoth. and said Jack Wharton, 
Frank H. Hatch, Dnrant Da Ponte, or either of them, as a pretended board of return- 
ing-oftieers of elections, in any manner relating to the said election held on the 4th day 
of November, A. D. 1872. 

And it is further ordered that the said defendants H. C. Warmoth, Jack Wharton, 
Frank H. Hatch, Dnrant Da Ponte, John McEnery, and the New Orleans Republican 
Printing Company, named in the bill of complaint this day filed, be so commanded, 
enjoined, and restrained, until the further order of this lionorable court. 



Circuit court of the United States in and for the dii^trict of Louiniaiia. — In equity, Xo. 6851. 
C. C. Antoine vs. S. C. Warmoth et als. 

RESTRAINING ORDER. 

W^hereas, the plaintiff herein has this day filed and exhibited his bill of complaint 
against the said defendant, H. C. Warmoth, and the other defendants named in said 
bill of complaint, and has tlierein prayed that injunctions, ^jc)(f/('»/c ///(.issue against 
the defendants therein, and that a restraining order be also issued restraining the said 
defendants, as i)rayed for in said bill, from doing, or permitting to be done, the acts in 
said bill <toinidained of. 

Now, therefore, on motion of J. R. Beckwith and E. C. Billings, sclicitors for com- 
])lainant, it is ordered that the defendants named in said l)ill do show cause, cm the 
eleventh day of December, 1^V2, why injunctions, ^)c(((?(7i/c /(7c, should not be allowed as 
prayed for. It is further ordered that said defendants, each and every one of them, be 
and are hereby commanded and restrained to the extent and eifect as in said bill of 
complaint prayed, (the clerk will attach to this mder a copy of tln^ prayer lor injunc- 
tion, as set forth in said bill of complaint,) until the hearing and determination of said 
rule for injunction, and until the fnrther order of the court in the premises. 

E. H. DURELL, Judge. 

Wherefore your orator hnmbly prays that- your honor will grant nnto liini all ju.st 
and ])roper relief in the ])remises; that y<m Avill allow and grant nnto him the most 
gracious writ of injunction issued under the seal of this honorable court, directed to 
the said defemlant Henry C. Warmoth, enjoining and restraining him from in any 
manner directlj- or indirectly, by himself or through any other otticer of the State, city, 

. L. CI V. . 



100 CONDITIOX OF AFFAIES IX LOUISIAXA. 

or parish, or througli any other person, from control] inj? or atteniptinp; to control, in- 
terfennj;- with or attempting to interfere with the organization of eitlier braneli of 
this general asseniljjy of tlie State of Lonisiana, called to assemble on the Uth of 
December, A. D. 1672, or that may I)e called to assemble at any future day, and 
from directly or indirectly, either by hiiuself or through any other person, preventing 
any person claiming to be a member of said general assembly from ha\ing full and 
free ingress and egress to and from the place, building, and room of that branch of said 
general assembly of which he may claim to be a memlji-r, or from is.^uiug any written 
or oral order or instruction, recjuist or direction, calculated or desigu-.-d to <lirectly or 
indirectly control or interfere with tlie oigauization of eitlier of tin; branches of said 
general asseu'ljly, or calculated or designed to prevent any person from liaving free 
access thereto wlio claims to be a member thereof, ami from <loing any act or from 
giving any order, direction, or nuxkiug any request whicli may, directly or indirectly, 
prevent or hinder any person from being present and talcing part in the organization 
o( said senate, called to convene on the said ninth day <>f Decembtir, or at any future 
day, who may be returned as a member therecjf by the buaid of nituriiing-ofilicers, coui- 
])osed of the said Heiny C. Warmoth, George E. Bovee, Jaunts Longstreet, Jacob 
Hawkins, and John Lynch, and whose name siiall also be transmitted by the said 
George E. Bovee, secretary of state, to Charles H. Merritt, the secretary of tiie senate 
of the last general assembly, and placed by the said Merritt upon the roll of said 
senate so to be convened, and from in any manner, directly or indirectly, aiding or 
abetting any person wiio is not so returned by said returning-board as a member of 
said senate, so to be convened, and whose namt; is not so transmitted as a member 
elected to said senate, and is not so placed ujjon the roll of said senate, from partici- 
pating in the organization of said senate, and from doing any act or from giving any 
order, direciion, or making any I'eqnest which may, directly or imlirectly, prevent or 
hinder any y)erson from being present and taking part in the organization of said 
house, called to convene on tiie said ninth day of December, or tliat may lie called to 
convene at any future day, who nuiy be returned as a memb»;r tliereof by tlie board of 
returning-oflicers, composed of the said Henry C. Warmoth, George E. Kovee, James 
Longstreet, Jacob Hawkins, and John Lynch, and whose name shall also be transmit- 
ted by the said Geoi'ge E. Bovee, secretary of state, to William \'igers, the secretary 
of the house of the last general assembly, and ])laced by the said William Vigers upon 
the roll of said house, so to l)e convened, and from in any maimer, directly or indirectly, 
aiding or abetting any person who is not so returned by said returuiiig-board as a 
member of said house, so to be convened, and whose name is not so tiansmitted as a 
member elected to said house, and is not so placed tipou the roll of said house, fiom 
particijiating in the organization of said house. 

Except that the said Henry C Warmoth is not hereby iirohibited froui participating 
in the canvass and return of the members elected to the said blanches of the general 
assembly so to bi; coijvened, provided he do the same in conjunction with and in the 
presence of said George E. Bovee. Janu\s Longstreet, Jacob Hawkins, and John Lynch, 
but not otlierwise ; and that he further lie enjoined and restrained fr(uu in any manner 
obstructing or hindering the said William Vigers, clerk of the house of representatives, 
or the said secretary of the senate, Charles H. Meriitt, in the free and unobstructed 
discharge of their duties, or in full and complete obedience to the orders of this court, 
and from sus]iending, renu)ving tJunn, or either of them, from oftice, or a)>pointiug or 
ordering, i>v abetting any other person or persons to ])erform any act which by law or 
the orders of this couit devolves on either the said Vigers, Merritt, or upnn George E. 
Bovee, secretary of state, and from iccognizing any \ alidity in any act done or j)er- 
fornied by any other [)ersou or jiersons pretending to act in the oftice or capacity of 
either of said oflicers. 

And that a writ of injunction may also issue, directed to A. S. Badger, chief of me- 
tropolitan police, and to each member of the board of the metropolitan iiolice, and to 
the board of metropolitan iiolice, enjoining and restraining them, and each of them, 
from int(!rfering in any nninner with the organization of either branch of the general 
assembly, to be convened on the ninth day of December, 1H72, or at any time there- 
after, except to ])reserve the peace, and to jirevent no person from having access to 
either of the halls of said houses who is certified by George E. Bovee as Ijeiug a mem- 
ber-elect of the si'.me. 

And that writs of injunction also issue, directed to thii said E. Booth, A. Voorhies, 
A. J. Lewis, B. F. Jonas, T. B. Stamps, D. S. Cage, K. C. White. T. C. Anderson, J. M. 
Thompson, E. S.Weber, A. S. Heiron, Kobert Worrall, O. H. Brewster, E. M. Graham, 
J. W. McDonald, xV. H. Leonard, C. J. C. Puckett, James G.White, J. F. Kelly, enjoin- 
ing and restraining them, and each of them, from participating, in any nmnner, in the 
organization of the senate to be convened on the ninth day of December, A. D. 1672, 
or at any time thereafter, or from doing any act or thing tjoward, in, or about the or- 
ganization of said senate, either by casting a vote or otherwise, unless his name shall 
be and ajipear on the list of names of members of said senate, transmitted to the 



CONDITION OF AFFAIRS IN LOUISIANA. 101 

secretary of the same by Georj:;e E. Bovee, secretarj' of state, as having been eh^cted 
thereto. 

And that a writ of injunction also issue to the said J. J. Mellon and James Timony, 
J. A. Shakespeare, J. A. Rice, J. J. Fiuuev, E. H. MeCaleb, Charles Moutaldo, W. B. 
Barrett, W. L. Stanford, T. B. Blanchard,' jr., F. C. Zacharit^ F. Fnsiliier, V. O. King, 
' A. Garidel. L. S. Rodriguez, John Barrow, John Delaney, William Stevens, W. C. Kin- 
sella, C. Kummell, J. B. Eustis, J. MeConiiell, A. J. Dnniont, E. L. Bowers, E. Riviere, 
P. Landiv, V. N. Lewis, E. B. Cox, Nunia Vives, T. J. Edwards, W. K. .Johnson, T. L. 
Mills, T. ■Byitum, J. S. Ganlere, J. L. Lobdell, \V. S. Cocivernani, W. H. Seanlan, h. P. 
Sandidge. ,J. ('. Moncure, George L. Smith, J. Sella Martin, W. IF. Kirkuian, Tliomas J. 
Humble, P.iul .Jones, George C. Bonliam, Cain Sartain, AUen J. Davis, W. F. Moreland, 
Tliomas Price, David Vonng, George Washington, ,J. P. Ehim, A. F. Stei)lieusiin, .John 
Gair, James Laws, Ja-mes W. Armstead, F. W. Norris, .1. II. Haduot, h. A. Snaei-, .J. K. 
Cavanaugli. K. A. Hubin, William Kern, C. W. Lowell, J. T. Tialian, John S. Billim, 
O. Haran'g, T. G. Davidson, James R. McDowell, C. C. Davenport, E. L. Pierson, W. 
A. Ponder, W. F. Southard, I). Hill, H. Mahonev, J. P. Harris, L. B. Claiborne, L. 
Texada, John J. Swan, J. G. P. Hooe, E. W. Dewees, H. F. Vickers, J. F. Smith, R. V. 
Ducros, M. Halm, D. K. Gorman, Henry Demas, Benjamin R. (lantt, J. F. Little, E. 
D. Estilette, L. D. Prescott, V. J^ochon, L. A. Martinet, James Costello, M. J. Foster, 
J. G. Tate, J. R. Stewart, J. S. Jilatthews, J. J. Booles, P. Fontelieu, J. R. Smart. A. C. 
Bickham, J. P. Schultz, William A. Strong, enjoining a,Hd restraining them, and each 
of theiii, from partici[)ating in any manner in the organization of the house of repre- 
sentatives, to be convened on the i)tli day of December, A. D. 1872, or at any time 
thereafter, or from doing any act or thing toward, in, or about the organization of the 
same, either by easting a vote or otherwise, unless his name shall be and appear on 
the list of names of members of said house, transmitted to the clerk of the same by 
George E. Bovee, secretary of state, as having been elected to the same. 

And that a writ of injunction may also issue, directed to Charles H Mt^rritt, secre- 
tary of the senate of the last general asse.mbly, (Mijoining and restraining him from 
placing, causing, or sutfering to be placed upon the roll of the senate, to l)rt convened 
on the ninth of December, A. D. 1S72, or at any time thereafter, or from placing, causing, 
or suffering to be v»laced upon any list of members elect to said last-mentioned senate, 
or from announcing, causing, or suftering to be announced, as a member elected to 
. said last-mentioned seu.ate, or from recognizing, or causing, or suffering to be recog- 
nized, as a member elected to said last-mentioned senate, or from in any manner 
designating, or causing, or suftering to be designated as a member to said last-men- 
tioned senate, ])rior or during the organization thereof, any i)ersou whose name shall 
not be transmitted to him by George E. Bovee, the secretary of state, upon a list of 
the names of such persons as have been elected to the said last-mentioned senate, and 
from in any manner acting upon any other list except the one so transmitted by the 
said George E. Jjovee, in the organization of the last-mentioned senate, and to dis- 
regard in said organization all other lists. 

And that a writ, of injunction may also issue, directed to William Vigers, clerk of the 
hoHse of representatives of the last general assenddy, enjoining and restraining him 
from placing, causing, or suffering to be placed upon the roll of the house of repre- 
seutatives, to be convened on the ninth of Deceml)er, A. D. 1H72, or at any time there- 
after, or from placing, causing, or sntfering to be placed upon any list of members 
electetl to said last-mentioned house, or from aniu)uncing, causing, or suffering to be 
announceil, as a meud)er elected to said last-mentioned house of rejiresentatives, or 
from recognizing, causing, or suftering to bo recognized as a mendier elected to said 
last-mentioned house of representatives, or from in any nmnner designating or causing 
or suftering to be designated as a member to the said last-mentioned house, ])rior or 
during the organization thereof, any person Avhose name shall not be traiisnntted to 
liim Jjy George E. Bovee, the secretary of state, ui)ou a list of the names of such jxr- 
sons as have l)een elected to the said last-mentioned house of representatives, and 
from ill any manner acting upon any other list excejit the one so transmitted by the 
said George E. Bovee, in the organization of the last-mentioned house of representa- 
tives, and to disregard in said organization all other lists. 

And that a writ of injunction also issue, directed to said George E. Bovee, enjoining 
and restraining him from receiving any return or returns of the election of any State 
officers or of the members of either branch of the general assembly of the State of 
Louisiana, excejjting su(di returns as may be received by or tiled in the office of iiim as 
secretary of state from the board of returning-ofticeis, and a majority of the same, 
composed of Henry C. Warmoth, James Lougstreet, and Jacoli Hawkins, and John 
Ijyn(di and himself, and from delivering, causing, or suftering to be delivered to any 
S])eaker of th(! house of representatives any return except received and hied as above 
stated of any (dection whatever, or from making, or causing, or suftering to he made 
any list of names of the members elected to either branch of the general assembly, 
except from and according to returns so receivt'd or tiled, as above stated. 

That a writ of injunction also issue, directed to the sayl Jack Wharton and Samuel 



102 CONDITION OF AFFAIRS IN LOUISIANA. 

Armstead, aiul each of t.liem,en.joiniiifj and restraining them, and each of them, from re- 
ceiving any returns of the elecrions held in the State of Louisiana, on the lirst jMondny 
oi' N()V(;niher h\st past, for members of the general assemlily, or from tninsuiitting to 
William A'igers, tlie clerk of the house of representatives, or to Charles II. Merritt, the 
secretary of the senate of the last general asficmbly, or to any other person, any list of 
names Avhich is, or ])ur})orts to be, a list of names of such ))ersons, as on the name of ^ 
any i)erson who, according to any returns, shall have been or shall b<! stated, or elainied 
or assumed to have been elected to either branch of the general assembly, called to 
cojiveue on the ninth day of December, A. D. 187'^, or that may be called to convene 
at any future time, and from making any statement or doing anything calc\ilated or 
designed to furnish a basis for the organization of either of said branches of the said 
general assembly, or from delivering or interfering, conniving at, or aiding or suflering 
any other iiersau to deliver to the speaker of the house of representatives, or any other 
person, any returns of any election whatever. 

And that writs of injunction may also issue, directed to the said Thomas Isabelle, 
P. 8. Wiltz, .1. S. Taylor, J E. Austin, and G. DeFeriet ; also issue against the said H. 
C. Warmotli, Jack Wharton, Frank H. Hatch, and Durant DaPonte, commanding them, 
and each ot' them, to refrain and desist from pretending to act together as a 1»oard of 
returning-officers, or as returning-olticers of election, from canvassing or attempting to 
canvass, or consi<ler, iiny certihcate, document, affidavit, return, statement of votes, 
or any pajier whatsoever properly relating to said Mection, and from attempting to 
make a canvass, declare, or imblish any pietended deduction, calculation, st;'.tement, 
or proclamation based theret>n, or ))r(!tended to be derived therefrom, iu any way relat- 
ing or pertaining to said election, Iield on the fourth day of November, 187'2, or certi- 
fying to any candidate for office- at said election any certificate of eh'ction, or any 
statement of the result of said election tending to show any right to ofhce in any jier- 
son growing out of ballots cast at said election, and from meddling with, altering, 
sup[)ressiug, falsifying, obliterating, or destroying any document, pai)er, voucher, proof, 
statement of votes, or certificate relating to said election. 



New Ouleans, December 7, 1872. 
To Attorney-General Williams : 

Tlie returning-board ))rovided by the election law of 1870, under which the election 

was held and which the United States court sustains, jiromulgated in the ofilicial jour- 

,nal this morning the oihcial result of the election for the legislature. The house 

'stands 77 republicans and 32 demf)orats ; the senate 28 republicans and 8 democrats. 

The board counted the ballots attached to the affidavits of colored persons wrongfully 

prevented from voting, which were tiled with the chief sujiervisors. 

S. 13. PACKARD, 

United States Marshal. 



AN ADDRESS TO THE PRESIDENT AND PEOPLE OF THE UNITED ST^\TES, 
FROM THE RKPUBLICANS OF LOUISIANA, IN REPLY TO THE ADDRESS 
OF THE CAMPBELL COMMIITEE. 

There liavino- been a studious (lesion to niisrepre.seut events in Louis- 
iana during the last two niontlis, through those connec-ted with the 
l)ress, and also by an address i)uri)orting' to issue from a coinniittee of 
citizens, by niisstatinti' some facts and eoncealin.i;' others, we feel it our 
duty, alike to the reiiublican party here and to the public, to make the 
followin*.;' candid statement of the history of tlie recent election in this 
State, and of the proceedini;s in the courts (tonnected therewith. 

Those who aie at a distance from us can scarcely conceive the extent 
of this misrepresentation. It is, to a large extent, prompted by the 
whole army of candidates for ollice on the fusit)n ticket, and is aided 
and abetted by all the talent which sympatliy with that cause and the 
lavish exp«'nditiire of money, in the shape of fees and in other ways, 
can i»rocure. This misrei)resentiition has attiicked vindi(;tively the re- 
])id)lican candidates foroilice, while the matter r(\ste<l simply with the po- 
litical canvass, and, after i;he matter had reached the courts, has assailed 
in turn the counsel engaged in the legal proceedings and the courts be- 



CONDITION OF AFFAIRS IN LOUISIANA. 103 

fore wliom tliese proceedings luave been i)en(linff, and, snbseqnently, 
when the matter liad taken the aspeet of a i)()litical (juestion, has ar- 
raigned tlie Attorney-deneral, the President, and C'ongress itself. What 
abuse has faik'd to accomplish has been souglit to be attained by an 
appeal to fears, and there is no person dire(;tly or iinlirci'tly connected 
to any prominent degree with the republican movement in this State, 
who is not almost daily subject to threats of violence and assassination. 

The committee, heacled by Judge Oampbell, set forth that theelectiou 
was fairly conducted. This ])retensi<)n is abundantly dis[)roved by tes- 
timon^t' tliat cannot be gainsaid. Not only were rei)nblicans debarred in\ 
large numbers, throughout the State, their rights to register and vote \ 
by the State election ofHcers, but the United States officers of election I 
were forbidden to discharge their duties at some, or all, of the stages ot"/ 
the election. The commissioners of election were without exceptionf 
mend)ers of but one political party, and the registrars seem to have> 
been charged with the especial duty of diafranchising as many republi- ■ 
cans as possible. ]Sfo publi(; notice was in many parishes given, as the 
law requires, as to the i)oints at which either registration or jjolls would 
be opened, an<l wherever rei)ubli(;ans, after diligent yet fruitless efforts 
to register, were constrained to demand at the polls that their ballots 
should be received, in accordance witli section 3d of the act of 1871, the 
commissioners were arbitrary in their refusal. Unite*! States supervi- 
sors were usually prevented not oidy from interposing in such cases, but 
from sharing in the custody of the l)allot-l)oxes upon the close of the 
election, and fronj being in immediate view of the ballots both when 
cast and counted. The evident^e to this effect is overwhelming. The 
numerous discrepancies between the numbers of registration certifi- 
cates and the nund)ers set against such certificates on the poll-list, and 
the advantage persistently taken by election commissioners to the i)re- 
judice of innocent voters, the rejection of voters in a given ward, under 
the i>retext that they should vote in their own ward, wherein no polls 
having been establislied they asked to exercise their rights at the nearest 
accessible box; the facility with which whites weie enabled to register 
aiul vote and obstacles were imposed to defraud the blacks; the studied 
absence of all official notice of [)oints to register and vote, and the clan- 
destine knowledge of the democrats of such i)oints, ai)parent in every 
instance; the removal of polls to secret points even after tardy notice 
of their location elsewhere, such as log-cabins and fodder houses in 
thickets, and the employment of every sort of devious subterfuge and 
oral threat, disclose ;i gigantic conspiracy to apologize for which is to 
be acctessory thereto. 

A few of numerous evidences in supi)ort of these cliarges are sub- 
mitted for greater convenience in the apijcndix hereto annexed, (Docu- 
ment A.) Certified copies of the affidavits upon which this synopsis is 
based are likewise presented, (Document B.) An amph; view of the 
case is given in a careful compilation, made at the instaiu'(^ of the State 
centriil committee, of affidavits of United States su))ervisors and ag- 
grieved citizens of the i)arishes of Caddo, Kapides, Natchitoches, East 
Baton llouge. Saint Mary, Bossier, Plaipu'inines, Point Coup<''e, Madi- 
son, Crant, Jefferson, Jackson, Saint Landry, Jjivingston, Lafourclu*, 
AVel)ster, Terrebonne, Catalioida, Winn, West Baton Bouge, ITnion. 
Claiborne, Saint Helena, Saint Tammany, Saint INIartin, Ibeiia, Saint 
James, and Orleans, lodgiMl in the circuit court, (Do(;uin<Mit C,) also 
sul)uiited herewith, as also a tabulated statement of the registration of 
white and colored voters for Uw. year 1872, (Document D,) and the 
election law of 1870, (Document E.j 



104 CONDITION OF AFFAIRS IN LOUISIANA. 

Tl)e struggle, if properly understood,-^ is one between the upholders of 
law nnd order on one side, and those who, rather than find themselves 
and their partisans fail of gaining political supremacy in this State, pre- 
fer any state ot lawlessness, with a view of accomplishing some sort of 
an arrangement Miiich will give them a portion of })olitical power. There 
is in the oi)j)osition to law and legitimate proceeding ;i deep purpose to 
indirectly strike down negio suffrage, and this purpose has been sought 
to be reached by a combination between the avowed haters of colored 
suffrage and Governor Warmoth, who, through aspirations of his own, 
lent himself as a willing tool to, in effect^ disfranchise those whom every 
principle of gratitude and justice should have led him earnestly to pro- 
tect. When, therefore, the so styled committee of citizens state that 
they represent the large prei)onderap.ce of the nu)ral worth, intelligence, 
and wealth of Xew Orleans, tlie public may understand that the real 
elements which tliat committee represent are those white people who 
are opposed to the actual impartial suffrage of the colored voters. 

The general election for State, parish, and municipal officers, as well 
as for presidential electors and members of Congress, was duly held ou 
the first ^loiiday in November. Prior to that election the several polit- 
ical organizations opposed to the republi(!an i)arty succeeded in effecting 
a lusion combination, by which they consolidated their entire power 
against the republican candidates. Well understanding that their com- 
bined forces were not sufficient to overcome the actual republican ma- 
jority in the State in a fair election, they, although having severally 
denounced an alliance with Warmoth as infamy itself, they, as a com- 
bined fusion party, abandoned the denunciations of Warmoth, in which 
they had before so freely indulged, and entered ijito a combination with 
him, based upon an agreement that he, through the instrumentality of 
the election law then in iorce, and the power supposed to be conferred 
ujion him by the i)rovisions of that law, which were sufficient, as they 
sui)i)Osed, to enable him, through the instrumentality of the returning- 
board, presumed to be under his control, to falsify the actual votecastat 
the election, and to make up and certify to and tabulate false returns, 
by which the republican vote would be suppressed to such an extent as 
to give an apparent fusion majority, and thereby place the State under 
their control, they agreeing on their part to reward hiui by a seat in the 
United States Senate. 

The issue was made between this fusion party andthe undivided re- 
publicans, including the entire colored vote, the white republi{;ans, and 
some who had heretofore acted with the democrats, and who at this 
election voted the rei)ublican ticket. There can be no reasonable doubt 
that a fair election and honest returns would have enabled the repub- 
lican ticket, State and Federal, to carry the State by a majority of at 
least -.'),()()() votes. There are undis])uted facts whicli show this. By 
the registration of 1872, notwithstanding thousands of colored republi- 
cans were wrongfully refused registration, the r'egistration-b<K)ks, out- 
side of the parish of Orleans, show 74,(H)() colored voters and 45,000 
white voters, leaving the re])ublican uuijority in the country i)arishes 
L*(),0()0. The highest majority claimed in the city of New Orleans for 
any one candidate on the fusion ticket ranges from nine to thirteen 
thousand. Conceding to the fusionists the highest vote claimed by 
them, we have left a republican majority in the State of 10,000, if we 
count for the republicans oidy the colored votes. No reasonable man 
doubts that there are in the State of Louisiana at least from eight to 
ten thousand white voters who .cast tluir votes for the republican 
nominees, so that, laying aside all returns, and deriving our information 



CONDITION OF AFFAIRS IN LOUISIANA. 105 

from the registration as it actually toolc i)lace, the pretense that the 
fiisionists carried the State is shown to be too flimsy to require further 
comment, and the necessity to them of Warmoth's manii)nlation of the 
returns becomes very apparant. In S{)ite, therefore, of the treachery of 
Warmoth to tlie cohnx^d ])eopl(>. who had elevated him to ])ower, and of 
the willinuness of the fnsionists to avail themselves of his pliability, 
and ill si)ite of his retaining unap[)roved until after the election a law 
-whieli would have taken from him a ])ortion of his great power to create 
and i'a 1 si ty retains, it was evident alike to democrats and republicans 
that the republican party had swept the JState, and carried into ofdce 
every candidate on their general ticket. 

In order that the contemi)lated tiauds might not be detected, written 
instructions were issued to each of the State sujiervisors, (all appointed 
by Warmotli from the fusion raidis,) to exclude from the count and 
canvass of the votes, at each of the polling-places, the Federal super- 
visors api)ointed by the court under the act of Congress, and to permit 
them only to take part in the count and canvass of the votes relating 
to representatives in Congress and presidential electors, leaving to the 
State commissioners of election to canvass ami determine, after the 
canvass for Federal ofiicers had been completed, the result of the elec- 
tion for State officers, without any check or supervision on the part 
of the United States supervisors. But the supervisors appointed by 
the United States court refused to be excluded; the evidence of the 
republicasi triumph was clear and permanent, and the whole scheme of 
contem[)lated fraud was threatened with defeat, unless a board of can- 
vassers could be made who, in the exercise of the discretion given 
them by the State law, wonld reject enough republican votes to give 
the State to the fnsionists. The eftbrt, then, on the i>art of Warmoth, 
was to construct a board so as to carr^' out his scheme of fraud ; the 
eftbi't of the repuldicans was to secure the fair result of their known 
victory. The board of canvassers, or returning-board, as created by 
the State law under whi(th the election was held, consisted of live per- 
sons — the governor, the lieutenautgovernor, the secretary of state, 
John Lynch, and T. C. Anderson. Tlu^ iieutenant-goyernor and T. C. 
Anderson being candidates, were disqualilied under the statute, and 
therefore there were two vacancies to be filled. It Mas the purpose of 
the republicans to have these vacancies tilled by men whom no induce- 
ment could swerve a hair's breadth from the honest discharge of their 
duty. Therefore General Longstreet, whose invincible probity is 
known throughout the land, and JMr. Hawkins, of equally unblemished 
personal character, though less widely known beyond the State, were 
selected. 

To [)revent the board from being thus constituted, Warmoth was 
driven to the vain attempt to displace the acting secretary of state, 
General F. J. ITerron, who held his office by virtue of a judgment of 
the courts of the State, and to attempt to substitute Jack Wharton in 
his stead. .But as he had been defeated in his elfoits to exclude the 
Federal sui)ervisors, so he failed in his attem[)t to constitute in accord- 
ance with his wishes the board of returning officers; and the board, 
when the vacancies were tilled, consisted of the governor. General Long- 
street, Mr. Hawkins, Mr. Lynch, and the de facto secretary of state, 
General Herron. 

The governor, in conjunction with Jack Wharton, his pseud o secretary 
of state, attempted to constitute an imlependent board, and went through 
the form of electing Durant DaPonte and F. J. Hatch. Having posses- 
sion of one of the three existing copies of the returns of election, War- 



106 CONDITION OF AFFAIRS IN LOUISIANA. 

moth refused to act with the retnrning-board as created under the 
statute, and, i.<>iioriu<i' the existence of Lynch, Lon.i;street, Hawkins, and 
Herron as a returnint;- board, and refusinj;', as required by the election 
law, to submit to them the returns in his possession, proceeded to lay 
those returns before Wliarton, Hatch, and DaPoute. The leo'a! return- 
iug-board at once submitted the qnestion to the adjudication of the 
State court, and, on the 14th day of November, under the provisions of 
an act of the State upon the relation of the attorney-general, instituted 
proceedings wherein they charged Wharton, Hat(;h, and DaPonte witli 
unlawfully i)retending to act as a returning-board and with usurping 
and intruding into the office. They also, in a supplementary proceed- 
ing, obtained a restraining order agai'.ist Wharton, Hatch, an<l DaPonte, 
restraining them severally from acting as returning-ofticers of election, 
or from in any way interfering with the lawful returning-ofticers, or 
from further usurping, or pretending to usurp or exercise, any capacity 
as retnrning-olticers, or from meddling with the returns of the election; 
After hearing and elaborate argument, an injunction pendente life to tlie 
same effect was allowed, issne(l, and duly served. Thus the pretenses 
of Wharton, Hatch, and DaPonte as returning-ofticers were disposed ofo 
To this injunction, under the advi(;e of Warmoth, they gave no heed, 
but continued to act as a returuiug-board, under his promised j)rotection 
from consequences. 

It is to be noticed here that the judiciary of the State had solemnly 
decided against the legality of Warmoth's board aud in favor of the 
legality of the board composed of Longstreet, Lynch, &c. With char- 
acteristic audacity Warmoth sought to evade this diflticulty by a resort 
to violence, aud he forcibly ejected the judge of the eighth district court, 
who had rendered the decision against him, and installed another judge. 

Meanwhile anotlier issue was pressing upon Warmoth. The act of 

Congress of 1870 provided that where voteis, otherwise qualified, were 

excluded from registration, and subsequently from voting, on ac(;ount 

of ra(;e, color, or previous condition of servitnde, that those votes which 

would have been cast by them should be deemed to have been cast. 

AjMany thousand colored voters who had thus been deprived of registra- 

\ tion, and of their votes, and who had offered their votes, nuide aftidavits, 

'in accordance with the act of Congress, setting forth these facts ; so that 

he had to dispose not only of a large republican nuijority on the vote 

actually cast,-but of these thousands of votes, which, uiuler the law, the 

returning-board were bound to take cognizance of, and to consider. 

Warmoth was thus defying the injuncttion of the State court, when a 
bill in equitv was filed by Mr. Kellogg in the circuit court of the United 
States. 

The jurisdiction of the court rests upon the fifteenth section of the 
act of Congress amendatory of the act to protect all citizens in the right 
to vote, which provides that the circuit court shall liav(» jurisdiction of 
all cases in Uar or equiti/ arising under the amendatory and original act. 
The bills of ecputy in the two cases contain nothing but alleged griev- 
ances which are violations of rights, which are declared in these two acts. 
It would seem unnecessary to argue that from a violation of rights de- 
clared by statute a cause of action exists, and that whetiier the violation 
be consummated or attem}>ted. We submit, therefore, that the statute 
ex ri termini clothes the circuit court with jurisdiction. 

No resort to the Federal courts was had until the con tempt and disregard 
of the (uxlers of the State courts had denu)nstrated the inability ot the 
State judiciary to arrest wrong and fraud. The acts of Cougress of 1870 



CONDITION OF AFFAIRS IN LOUISIANA. 107 

and 1871 for the enforcement of the amendments to the Constitution, iin- 
l)()se upon all State officers charsied with any official duties connected with 
any elec^tion a strict and honest observance in dischar«;e of such duties. 
Mr. Kello^'i^', by his bill in equity, simply asked of the ch'cuit court of the 
United States its orders and writs to i)revent the consummation of a 
fraudulent plan intended iu)t only to defeat his right to the govenorshij), 
but through the instrumentality and malfeasance of officers connected 
Avith the election, combined with persons pretending to act as officers 
without authority, to so mutilate, falsify, and destroy the evidence of 
the election at which he was a candidate as to imi)air, it not entirely 
deprive him of all means of establishing his title to the oftice to wliich 
he had been elected by any judicial i)roceeding at law originated after 
they had accomplished tlieir j)urpose. The lawful returning-board is by 
statute ot the State invested with quasi judicial i>ower, and <;oul<l de- 
termine whether the election in any precinct had been fair; and, if not 
fair and honest, or if votes had been refused on account of the race of 
the elector offering to deposit his ballot, could either give effect to the 
ballot or discard and reject the entire vote ot the })re(*iuct. The law as 
Avell of the United States as of this State entitled Mr, Kellogg to de- 
mand that this discretion and large po"\^»er should be exercised by the 
officers in whom the power was vested, free from meddling or interfer- 
ence by unauthorized persons. 

His bill alleges that Warmoth, Wharton, Hatch, and DaPonte had 
entered into an unlawful combination to fraudulently act as a returning- 
board, and deprive him of any canvass by the officers lawfully charged 
with that duty ; that they so acted with the intention of making acanvass 
that should knowingly exclude from consideration votes cast by |)ersons 
of color, and exclude them on account of the race and formercondition of 
servitude of the persons dej^ositing; that it was their further intention 
to destroy all evidence relating to the election, and all evidence shovting 
the vote, and the fact that they had excluded votes unlawfullj' ; that 
they did not intend in any nmnner to consider the ballots of persons 
who had offered to vote and had been rejected on account of color or 
previous condition of servitude, but who had preserved under the pro- 
visions of the laws of the United States, in legal form, e\'ideuce of 
their offer to vote the ticket they offered to deposit in tlie ballot-box ; 
and the fact that they had been refused the right to so vote, and that 
they had been so refused unlawfully ; that if said cons[)irators were per- 
mitted to carry out their plans, he would be left without legal remedy 
or relief at law. Nothing can be clearer than his right to this relief, 
nnless law is a mockery, and United States statutes are intended for 
snares. The court, after hearing evidence, and an argument continuing 
through nearly two weeks, participated in by as able counsel as can be 
found in the United States, who urged in behalf of the resi)ondeuts 
every possible objection as well as to the form of proceeding, the 
nature of the relief asked, as to the jurisdiction of the court, 
the court, after considering for nearly a week, granted the order asked, 
restraining the consummatn)n of the contemi)lated fraud. Against the 
justice and correctness of this well-considered judgment of a court of 
justice, piesided over by an able judge, we have the unsupported st<ite- 
nu'ut of a traveling comnjittee charged with a political i)urpose, who 
seem to claim weight for their ex-porte judgment of reversal of a judg- 
ment of a United States court, for the reason that an ex-judge of the 
Supreme Court has seen fit to slander a court of which he is an attor- 
ney, and to have forgotten to exteud to other judges that charity and 



108 CONDITION OF AFFAIRS IN LOUISIANA. 

courtesy which he can reasonably ask for himself, considering his par- 
ticipation in the Dred Scott decision. 

We believe the court to have had jurisdiction, and shall not doubt it 
until the proper appellate court shall have decided against its authority. 

In the second suit brought before the circuit court, the Antoine suit, 
the theory of the bill is the same as that of the bill of Kellogg, with 
this difference, that it includes the prevention of the forcible constitu- 
tion of a legislature for the purpose of declaring the plaintiff not elected, 
and seeks by the conservatory process of the court to compel all the 
parties to strictly follow the statutes of Louisiana, which provide that 
the secretary of state (whom the supreme court had just decided to be 
Mr. Bovee) should transmit lists of the members elected to the general 
assembly to the secretary of the senate and the clerk of the house, who 
should from these lists make up the roll of members, and that those 
upon these rolls and none others should be allowed to participate in the 
organization of either house. The injunctions referred to in the address 
of Judge Campbell were confined entirely to the organization of the 
house, and were in the words of the statute of Louisiana itself, and re- 
sulted from a restraining order which was granted before the hearing 
on the application for the injunction, which application has been post- 
poned at the request of the defendants. 

The unfairness with which the so-called committee of citizens pre- 
sented the whole subject in their address, is well illustrated by what 
they say as to the title of Lieutenant-Governor Pinchback to his pres- 
ent office. Article 53 of the constitution says: 

Art. 53. In case of iinpeacliment of the f!;overuor, his removal from office, death, re- 
fusal or inability to qualify, or to di.schara;e the i)o\vers and duties of this office, rosier- 
nation, or al)seuce from the State, the powers and duties of the office shall devolve 
upon the lieutenant-governor for the residue of the term, or until the jroveriior, absent 
or impeachiul, shall return or be acf(uitted, or the disability be removed. The general 
assenil>ly may jtrovide by law for the case of removal, impeachment, death, resigna- 
tion, dsability, or refusal to qualify, of both the governor and the lieuteuaut-gov- 
ernor, declaring what officer shall act as governor ; and such otlicer shall act accord- 
ingly until the disability be removed or for the remainder of the term. 

Section 1560 of the act of 1865 says : 

In case of A-acancy in the office of governor, the lieutenant-governor shall be gov- 
ernor; in case of vacancy in the office of lieutenant-governor, the senate shall elect a 
president, who shall be Heatcnaiit-^OL-cnior. 

On the death of Lieutenant-Governor Dunn, Mr. Pinchback was 
elected presidentof the senate, and thereby became lieutenant-governor 
under the constitution and the law. He became such by designation, 
and remains lieutenant-governor until his successor is duly installed, in- 
dependent of his term of office as State senator. The impeachment of 
Governor Warmoth under the constitution of the State devolved the 
duties of his oifice upon the lieutenant-governor, and the duration of 
his term as acting governor so long as the imi)eachment continues is 
independent altogether of the question when his term as State senator 
ceases. 

Another indication of the intended truth, candor, and fairness of the 
address of Judge Oami)bell and others is also to be gathered from their 
statement relative to the present State government, that, "^(.s originally 
organizcfJ, it {the legislature) comprised sixtij-eight j^ersons of color, most of 
them uneducated, with a snuill minoi'ity of whites.'' 

There can be no honest explanation for so gross a misstatement con- 
cerning a legislative body holding open public session in the city of 
New Orleans days before that committee left for Washington. The 



CONDITION OF AFFAIRS IN LOUISIANA. 109 

trntli is, that in tlie bonso of representatives, composed of one hundred 
and seven members, there are bat forty-six persons of color, miiny of 
whom it is difficult to distinguish from white persons by their ni)pear- 
ance, and most of whom are well educated. In the senate, composed of 
thirty-six members, but ten have colored blood in their veins. 

Considering' the admitted fact that there is a majority of colored 
electors in the State, a complaint from them that they have not an equal 
share of representation would have in it much more truth and Justice 
thau the statement the "Cami>bell committee" have asked the public 
to believe. 

It is also alleged in the same address " that the credit of the State 
has been given to speculating' corporations for i)ersoual aims," \\e ask 
that committee to name a single ])erson who is a reci])ientor beneficiary 
of any such legislation or corporation so created, who is not an active 
member of the fusion party now arrayed against the republican party, 
and contributing' funds to aid in giving circulation to slander and mis- 
rejiresentation directed against the jjresent State government. 

We doubt whether any litigation has ever been conducted with more 
de(;oruui and a more careful regard for the rights of all i»arties than the 
suits in the United Slates circuit court, to which reference has been 
made. That a most gigantic system of frauds has been inteiruiited, and 
the political com])lexion of the State chauged by the action of the State 
courtsin theiirstinstance, which chaugehas been sustained by the Federal 
courts, is true, but we believe that the legal mind of the country, when the 
facts of the case are properly understood, will nnaniiuously be of the 
opiniou that this change has been eiiected in accordance with a strict 
observance of the provisions of law, aud that, unless these great frauds 
had been thwarted, the whole object of the enforcenuait act would have 
been defeated so far as one State is concerned. It would be idle for the 
Constitution and the laws of Congress to clothe the colored race with the 
right of sulfrage, and guarantee it to them, unless, at the same time, 
they should make it the duty of the United States courts to enforce 
these provisions. Unless the court had the i)ower which it assumed 
here, the whole acts of Congress, so far as they seek to protect all per- 
sons in their right to vote, are nugatory. 

The board of canvas>ers consisted of General Longstreet and ]\lessrs. 
Hawkins, Lynch, and Bovee, the latter adjudged secretary of state by 
the supreme court since the commencement of the suit. We hazard 
nothing in stating that this board of canvassers, in personal integrity, 
in caution, and a most ])ainstaking regard for the rights of all, are 
beyond reproach. The allegation nuule in the address of Judge Camp- 
bell that they were possessed of no returns, is utterly mistaken. War- 
moth having' refused to obey the law of the State^ and the injunction of 
the State court, by placing' the set of returns in his possession in the 
hands of the returning-oflicers, the board of returning-officers availed 
themselves of the next best evideiu*e, taking the duplicate returns which 
were in their own hands, actin.g in this respect in full accord with a 
decision of the supreme court of the State. 

The fairness with which this board has acted is abundantly shown 
by the indiscriminate political character of the men whom they have 
returned as elected to the various offices. We will take, for example, 
the i>arish of Orleans. Of upward of sixty officers, more than two- 
thirds, and those by far the nu)st important, including- the mayor, six 
out of the seven city administrators, the two sheitt's, and six out of the 
eight district judg'es, are fusionists, and in the, only exceptions named 
where re[»ublicans have been returned, the fusion vote was divided. 



110 CONDITION OF AFFAIRS IN LOUISIANA. 

The g'eneral fact is, that notwithstanding" a strong determination on 
the part of the reactionists, in combination with Governor Warmoth, 
to re,i:ain power in this State, they have been defeated at tlie i)olls, and 
snbse(|nently in the canvass, and the republican government has been 
installed. The question is no longer an open one, so far as the courts 
are concerned. The supreme court of the State has recognized the 
government; the district, parish, and justices' courts throughout the 
State have organized uncier it. The clerks of the courts and the 
sheritfs are acting under it. The mayor and city administrators have 
recognized it, and asked and received their commissions from it. 
Not only are the advocates of impartial suffrage committed to a 
goveruuient thus established, but every citizen who desires the linan- 
cial prosperity of the State must see the folly of keeping alive an 
opposition which, the more the subject is investigated, will be found to 
be the more groundless. The rhetoric of committees will weigh but 
little against the stubborn facts. The government now in operation in 
Louisiana is the government which restdted from a vote of the people 
under circumstances where every oj)portunity to defraud was open to 
our political oi)ponents. It has been established in accordance with the 
wishes and votes of a great majority of the citizens of this common- 
wealth. It has been established by a course of procedure in the State 
courts which should have been conclusive, and would have been conclu- 
sive to any person not having the reckless disregard of law which has 
habitually characterized Governor Warmoth. So far as the aid of the 
United States ciniuit court has been rendered by its conservatory pro- 
cesses, it has acted in entire conformity to the spirit and letter of the 
statutes. It undoubtedly provokes the hostility of the former masters 
of former slaves, that a government should exist in their midst which 
rests very largely upon the votes of these former slaves, but these 
former slaves are now citizens, and, as citizens, under the laws and cou- 
vStitution of the United States as well as of the State of Louisiana, 
they have voted, and this government is the result of their votes. The 
hostility to it is the hostility to the suffrage of the colored man, and 
nothing but a i)ractical disfraucbisement of the colored man will satisfy 
this hostility. 

We respectfully submit that the State government is now in exist- 
ence, made by a board of canvassers whose legal right to canvass the 
vote of the State is vindicated by the judgment of both State and Fed- 
eral courts, v>ithout which vindication it had undoubted and unques- 
tionable authority. That the canvass has been fairly made ; that the 
courts are ojien to all persons who believe themselves to be injured ; 
that the legislature, duly elected, has been in session during several 
weeks, nothing to interrupt or interfere with the quiet and peace of the 
State but the intrigues of designing men, who can only claim to cause 
disturbance and disquiet in the interest of disappointed and defeated 
candidates, in whose interest they seem willing to indulge in unlimited 
misrei)resentalions, and provoke revolution, riot, and disorder. With as 
much propriety could the camlidates of theliberal party at the late election 
in Massachusetts ask Congress or the Executive to overthrow the pres- 
ent government of that State. In fact, take away the opposition to 
negro suffrage in this State and the real basis and motive for oi)posi- 
tiou to the lawful government of Louisiana would cease. 

We sul»mit with all confidence, therefore, to the peojde of the United 
States that the action of the republican party of the State of Louisiana 
in the selection of their candidates, in the mode of conducting their 



I 



CONDITION OF AFFAIRS IN LOUISIANA. Ill 

onmass, and tlie action of the conits in tho \vay in Avhitli the results of 
tlie election have been taiily leaehed, challenge, aiul in the end will 
recf'ive, the commendation of all i;ood men. 

JOHN EAY, 
On behalf of ihe Eepiihlican State Central Executive Committee 

of Louisiana. 
M. F. BO^'ZAjSO, 
Chairman PresidQntiai Electors of Louisiana. 

G. casanavp:, 

Memher of the J^sational BcpuhJican Committee^ 
and in behalf of colored voters of Louisiana. 

^Nfav Orleans, January G, 1873. 



APPENDIX. 



Document A, 

EAST BATON ROUGE. 

Gilbert M. Husted, United States supervisor tifth preeinct, deposes tliat wlieii tlie 
Port Hudson i)olls closed he and tlie comniissioner, McKittriek, started in a 1>n;iiiy with 
the box for the conrt-honse at Baton Rouge. About eight miles from Port Hudson 
they were stoiiped by a ])arty of ten men, who shot across the road ahead of them, and 
called ibr McKit-tVick, who alighted, leaving tl)e box nndistuibcd under the scat, and 
Avas away about live minutes. Hurst, tiie liberal candidate Ibr sheriff, was one of tlie 
party of ten. On returning, McKittriek took the box, remarking he wonld stay there 
all night. Ilusted, replying it was his duty, as United States supervisor, to remain 
Avith the box, tried to follow McKittriek, when the party of men stepped between and 
debarred him. Fifteen minutes later McKittriek returned Avith the box, stating he had 
changed his mind and w(Uild go on. He went on Avitli Husted, followed by three or 
four men till within a mile and a half of Baton Rouge, Avlieii thi'y turned around and 
went back. Husted and McKittriek reached town about V-l.'M) at night. The box was 
so sealed that it could be ojiened Avith evidence of tampering. Husted kept a tally 
at the polls of the votes, to Avit: JJi) liberals and 166 rei)ublicans ; the count returned 
34 liberal majority. He marked his OAAn ballot so as to identify it, but it did not come 
out of the box at the counting. 

O. H. Foreman, United States supervisor Ward 7, poll 1, of same parish, say.s tAA-» 
boxes were opened, one for those Aoting under Brady's registration, and tlie f)tlier fon 
Aoters under the 1870 registration and under enforcement-act afti<bivits. Seventy affi-> 
davits with ballots Avere rejected, allhongh demands for registration had been made.} 
The registrar closed one day at 3 p. m., Avhile forty or tifty men Avere waiting for cer-| 
titicates. The box was so sealed tliat it could be opened — key-lnde not co\ered. Tln^ 
commissioners droA'e oft' so fast Avith it to Baton Rouge tliat Foreman could not keep 
np with them ; has not seen the box since. Oiit^ hundred and eighty-six A'otes were 
cast in one box, of Avhich (i.^ were republican, and Ul in the other, but the count jjaA-e 
but '2i> republican votes. HoAvlson, commissioner, and Dr. Gardiner bad each a r<dl of 
counterfeit republican ticket.s, and said: "We A'oted 25 or 30 of these on yon to-day." 

Charles G. Pages, United States supervisor Ward 4, in same parish, relates that the 
slip of ]ia]ier i)asted nearly straight oAcr the lock of the liox was " not so straight" 
Avhen it reached the court-house. He deman<led of Comniissioner Clieathaiu to be j)er- 
mitted to go with the box, but Ciieathani .jumiied into his l)nggy and drove hard 
toAvard Baton Rouge. Pages kept up until three or four miles on, when five or six men 
closed in betAveen Cheatham and Pages, delaying the latter until the box Avas concealed 
from him. He reached Baton Rouge tive hours bef(tre Cheathain a]i])e^ued. Where 
the box had been he does not kiioAV. A serious discrepancy betAveen the votes as cast 
and as counted. 



112 CONDITION OF AFFAIRS IN LOUISIANA. 

PARISH OF NATCHITOCHES. 

United States Supervisor RedinoiKl deposes that public notice had been j^iven that 

the Fifth-ward jiolis would be oj>eiied at Beulah Cliureh, but he tinally found the box 

at 1"2 ni., iu a fodder-house in tlie middle of a lield, three miles IVoni nculah Church. 

Democrats ••athered about IJeuiah ("Inuch all day and iufoiiiied their frieiul.'s in whis- 

'■pers as they arrived, to take a certain road Redmond iinally followed with one huii- 

<lred and twelve c(dored and white republicans and found the box. The democrats, 

by crowding, deterred colored men from votiiif^, and two or three white men were ad- 

iiiittetl to one colored. Six colored men, althoii<;h <lnly re<;istered, were not allowed 

to vote; rea-son given, names not upon the books. Many other colored men lost their 

votes for the rea.sons that the numbers of their re<;istratioii pajjcrs did not c(UTespond 

I with their uundiers on the poll-list. Redmond did not dare to remain by the box after 

I most of the republican voters left. He was not permitted to scrutinize the count of 

\ his own box. He knows that not less than one hundred republican votes were cast 

'therein, yet fifty-seven only were returned. 

^United States Sujiervisor Jcdiii G. Lewis, of the same parish, testides that State Su- 
fpervisor Piersmi refused to re,i;ister one hundred colored men at Natcliitochcs because 
they were Kelloyj;- men, and wiien they had followed lum to Cloutierville he registered 
all the whites, and then said he was out of blanks. He was ejected from Cliarlcville's 
Store (where he had secreted blanks) by Chaileville for his rascality. At Challas, 
although not a registration point, he registered forty-live whites and one black. He 
•was not ill the habit of keeping his otiice open dining othcial hours. Lewis was at 

<lilacklake. Ward 2, on election day, and presents a list of names of one hundred and 
eighty-eiglit reiiublican.s who were not permitted to vote, more than half of the numlier 
for the reason that they were registvred in the Fourth ward, wheie, however, no jioll was 
opened, and the residue for the reason that the number on tiie poll-list and the registration 
certilicates <lid not correspond. Tlie whites of Ward 4 were all v<ited. Jiut live boxes 
"were allotted to the entire parish, although the registrar intended to have tw»'lve, bad 
'the republicans not become united. Many colored men were unable to vote because of 
the distance to be traveled; this, I^-wis believes, was undei stood by the registrar. He 
saw ballots cast by candle-ligiit before the hour for o[»i'niug the polls, (i a. m. Lewis, 
on exhibiting his commission, was not allowed in the room when^ tlie c(uinting i)ro- 
ceeded, but was told to remain outside. He saw, however, ballots stiiff.-d into the box 
by means of a stick. The State siii)ervisor threatened to cane any United States su- 
pervisor who made a report against him. The republican majority should be, at this 
box, about two hundred, yet the returns were four hundred democratic majority. 

Edward Ezernach*!, United States supervis<u- in the .same parish, coirnbonites at 

length the statement of Rednioiid, and adds that he dared not remain wiui his box 

during the night. He was comjielied to stand outside the room when; the counting 

was done and look througli-a win<low, although United States Supervisor Simmons, 

ydeinocrat. was inside. He knows that democratic names were read olf republican 

/tickets. Not less than one hundred and lifty reiniblicaus were defrauded of their votes. 

I Sought information as United States suiieivisor the night bt-foie election of State Su- 

Ipeivisor Fieison where the box would be; he replied he "Did not know himself, nor 

care a damn where." 



PARISH OF CADDO. 

William McKenna, United StAttes supervisor in Caddo Parish, dcjioses that the box, 
poll 8, was opened an hour and a half after the time prescribed bylaw. No olTicial 

''notice where the polls were to be located was jtuldished till the morning prior to the 
election ; yet a ge^ieral im[)ression prevailed that the democrats knew in advance of 

^such notice, and were sanguine the returns would be in their interest. 

Dr. Joseph Taylor, republican jjiesidential elector, and now residing at Shreveport, 
Caddo Parish, declares that several hundred colored voters were inteniioually pre- 
vented voting by the refusal of State Supervisor Hatch to give notice where the polls 
■would be ojieii, ilespite repeated demands upon him to publish such notice. He l>elieve3 
the M<)oiingsiH>it box was stulfed ; two bundled swore tliey voted the republican ticket, 
yet eighteen republican tickets were couut<id. 

Fletcher S. Lc; Girdy, United States sii|)ervisor in same parish, deposes that at Moor- 
ingsi)ort,on the day of election, he exhibited his commission to Siijieivisor Hecox, who 
refused to recognize bis authority and forcibly ejected him outside tln^ room where the 
box was. Le Girdy then took his station outside, by a window, and began to tally, 



CONDITION OF AFFAIRS IN LOUISIANA. 113 

when State Coramissioner Noland said: "Hecox, this damned nigger has got his book 
and is taking down the names and numbers of the voters." He gives the names of 
democrats who, Ijy tlinals, strove to (hive liim away, and afterwards crowded tlie 
)>eo|)le(tn liim; )i<; lield liisgroniid until Hecox ordered iiim away abusively. A United 
.States soldier who had been called for in the morning, came up at the instance of 
Dejiuty Marshal Davis, and stood near. Quiet returned. At the close of the election 
Lc (jirdy asked Hecox to let him see the box sealed, and was refused, even after Mar- 
shal Davis joined in the deuiantl for him ; he a\ as not permitted to stay with the box, 
and as tins scpiad of soldiers had then left, he, not daring to stay there, followed them. 
Haifa mile on a crowd of men rode l>y and around them, cursing and threatening vio- 
lence, and "to run them otf that night." Tliis crowd wonhl get iuto the bush and ride 
ahead, and then wait and get behin<l. One pistol-shot was tired. Le Girdy gives the 
nauu's of four of them, all democrats. The sergeant of the squad threatened a volleys 
if tiie crowd did not retire: the pursuit was continued for three miles. When the box \ 
arrived and w;is counted at Slireveport, the next day, tiiere wtre but seventeen or 
eighteen republican votes, although Le Girdy had distributed and seen cast in that 
very box one hundred and ten repul/lican tickets, and took a tally of four hundred^ 
and four voters, of wiiom three hundred and ten v.-ere colored. He is satisfied that the 
box was tampered witb. 



POESTE COUPEE PARISH. 

United States Supervisor Randall McGown, Third ward, declares that several colored \ 
men, on presenting their registratiou papers, were not ])ermitted to vote, the com- \ 
missioner claiming the right to determine whether voters appeared to be of competent | 
age. When the election closed, the box was not taken to the court-house but to / 
Cayle's. He was not permitted to enter Cayle's house, but told to stay on the porch. 
He demanded to see the box, and was told it was on the jtiauo inside. Soon after 
scratched a match and saw Coyie bringing the box into the room, and setting it, the 
box, on the jiiano. Harris, liljeral candidate, was somewhere inside the house. 
McGowu feared his tampering with the box. Soon after I followed, on horseback, the 
commissioners, who were in a covered carriage with the box. Wlien the box reached 
the court-house 1 was not allowed to enter the room with it; demanded admission 
and was refused. No counterfeit republican tickets were cast in the box, but at th(*, 
counting about sixty of them came out. Many of the tickets taken out were folded in \ 
bundles. iJetween one hundred and forty and one hundred and fifty tickets were cast 1 
for Grant, yet only eighteen or nineteen counted. All the other republican candidates 
lost to the same extent. HarttVn-d, republican candidate for justice of the peace, had 
all his tickets written in pencil, but at the count they were written over in ink with 
another name. McGown saw twenty-tive or thirty men refused registration, on the ' 
ground that the blanks were exhausted, yet, within fifteen nuniites after, white people 
were registered. 

Oscar Jaffrion, United States supervisor in same parish, declares that the State 
supervisor refused to admit him to the room where the box had been delivered at the 
close of the election. The constable threatened his person for insisting upon admis- 
sion. He is satisfied the box was stufi'ed ; it was not sealed. There were fourteen 
TTuited States supervisors in the parish, but in the strongest republican quarters of 
the parish there was but one box for two polls. Where there was no United States ' 
supervisors tiie votes were all liberal votes. / 



Document B. 
PARISH OF RAPIDES. 

R. A. iluntHi-, a ]»roiniuent citizen and democrat, of Rapides Parish, and serving in 
the late election as United Stktee supervisor there,. reports to the chief supervisor as 
follows : 

Rapides Pafjish, Louisiana, Xovember 7, 1872. 

Sih: Asoneof the supervi'jors <if election for the parish of Rapides, appointed by 
the I'u'ted States ciurt for the di-itrict<if Lrtuisiaua, it lieconies my duty, under section 
7 of the aet of the Congress of the United States, entitled "An act to amend an act 
approved May 31, 1670, entitled 'An act to enforce the rights of citizens of the United 

n. Ex. 91 8 



114 CONDITION OF AFFAIRS IN LOUISIANA. 

States to vote in the several States of this Union, and for otiier purposes,'" approved 
February 2f^, If^/l, to make to you tlio following report : 

/I was in attendance on the 4th instant at the election precinct in this parish, known 
/as the I'ineville preeinot. I have nuthing special to report relative to the proceed- 
'ings of that i)rccinet, excepting tin; refusal of the commissioner to receive the votes 
of those citizens who had not been registei'ed and received their pi'oper certificates 
thereof, as required by the election laws of Louisiana. This class of voters, in number 
exceeding two liundred, presented tlieuiselves at the said precinct, and inade demand 
of the commissioners, in my presence, to receive their ballots in the foi'm, and in strict 
accordance with their rights as defined in the section third of the act of Congress, 
entitled "An act to enforce the riglit of citizens of this Union, and for other pur- 
poses," approved IMaj- 31, 1870. All this class of legal voters were rejected at the 
said precinct, and I affixed my official signature, testifying to the fact of their 
[said demand and rejection to each of these certificates, attaching thereto also the 
itickets they pro^josed to vote, as required bj^ the act above referred to. In miti- 
gation of the Avrongful acts of these commissioners, in violation of the law, 
I feel it right to say that the registrar, J. G. P. Hooe, gave them peremptory orders 
in my presence not io rcccin: the vote of any person presenting himself as a voter, un- 
less they exhibited a certificate of registration with his signature attached thereto. 

I further report tliat ou the morning of the 5th instant I was Informed that the said 
supervisor of registration, J. G. V. Hooe, intended to canvass and count the votes 
polled on the 4th instant, in this parish, at the hotel of which he is the proprietor, in 
Alexandria, and not at the court-house, where, in my opinion, it was his duty under 
the hnv to keep his oflice. I therefore went to said hotel, and after some difficulty 
ascertained that he was located in room No. 21 of said hotel, the door of which I found 
closed and locked ; and ou my demand, in the name and by authority of the United 
States, in virtue of my commission as supervisor of election, to be permitted to enter 
therein, the said Hooe nnlocked the door and asked me what was my object and pur- 
pose, when I informed him that it was my wish and purpose to discharge the duty im- 
posed upon me by section 5 of the act of the Cougress of the United States, approved 
February 'iS, 1871, to wit : "To supervise the counting and canvass of all of the votes 
polled iii the parish ou the 4th instant." He replied that- "he would not admit me for 
any sucli purpose, but that I would be permitted to be present when he opened the box 
anil counted the votes cast at the i)reeinct where I was present in person on the day of 
election, but that he would not permit any interference with his rights under the laws 
of Louisiana, nor did he intend to recognize any authority in any one to interfere with 
liim in counting and canvassing the votes." I stated to him "that I claimed the right 
to ren\aiu with the ballot-boxes until every vote cast in the parish had been counted 
and the certificates made out, and that I could not and would- not submit to his cur- 
tailment and limitation of my rights and duties under the law." And as he still per- 
sisted in his refusal to admit me into his room upon the conditions demanded by me, I 
left the premises, and I am not therefore enabled to report how the canvassing of the 
votes polled in this parish was conducted, as you will perceive from the above state- 
ments. My inability to make the report which by law I am required to do, on 
this branch of tiie duties of a supervisor of elections, arise, not Ironi any indis- 
position on my part to perform my duty, but because I was i-esisted and op))osed by 
the said supervisor of registration, in the attempt made by me to discharge the func- 
tions devolved upon me under the laws of the United States. In this connection I will 
further state that for more than forty years I have taken an active part in the political 
contests in this State, and this is the only election that has ever been held, to my 
knowledge, (except perhaps during tin; war,) in which all of tiie c )mmissioners to hold 
the election were selected from one i>olilical party, and this is the only instance within 
my rec(dlection in which the votes polled at an election were counted in a private 
room with doors locked. I also feel it my duty to say that all the comiilaints of 
partiality and unfairness in conducting the registration of voters are made l)y persons 
adhering to the republican party, and that these complaints, from my own observation 

(nnd knowledge, are well foniuied, and that tiiere is abundant evidence accessible to 
substantiate these allegations. The aggregate rei)nblicau vote of this i)arisli. will, in 
my opinion, fall short fully one-third by tin) return of tlie numbers they could have 
p()lled and the eagerness with which those who liad failed in obtaining their registra- 
tion papers pressed their rights to vote without them ou the day of election, indicated 
clearly to me that it was not their fault that the provisions of the law of Louisiana 
hail not been complied with relative to registration of voters. 

I'ersonally, I belong to that iiolitical party who are termed "last-ditch democrats." 
I have never voted any other ticket than the straight-out <lemocratic ticket, excepting 
that at th'j late election I voted the enliie "fusion" State ticket without a scratch, 
and the Charles O'Connor electoral ticket. But my political faith teaches me that all 
mi'-u are entitled to their civil and ]>olitical rights as defineil by law, and that it is the 
duty of every good citizen to oppose and denounce any attemi)t to deprive the people 
of the right of suffrage given them by law, by wicked and unscrupulous partisans 



CONDITIOA' OF AFFAIRS IN LOUISIANA. 115 

• 

wlio would prostitute aud pollute tbc ballot-box to accomplish thoir selfish aud corrupt 
pur])Oses. 

Very I'espectfallv, your obedient servant, 

n. A. HUNTER, 
Suj)ervi!ior of Elections for the Parish oj liaindes. 
V. A. WOOLFLKY, ^ 

United Slates Chief Supervisor of Elections for the District of Louisiana. 

Sworn to and subscribed before me this 7tl) day of November, 1872. 

CHARLES OWEN, 
Deputy Clerk, 2\'inth Judicial District Court. 
DisTKici OF Louisiana, ss : 

I certify the foregoing to be a iriu- and correct copy of the report of R. A. Hunter, 
sujiervisor of election, parish of Rapides, Louisiana, iVom the original thereof. 
New Orleans, January 6, 187;i 
[SEAL.] F. A. WOOLFLEY, 

United States Cvmmissioner, 
Cbi(f Supervisor of Elections, District of Louisiana. 



CADDO PARISH. 

William H. McKenna, of the parish of Caddo, Louisiana, being duly sworn, deposes 
and says: I was a United States supervisor on the day of election, November 4, 1^72, 
in Caddo Parish. I was at poll No. 8 ; the box was opened about half past 7 o'clock iii^ 
the morning, an hour and a half after the time when it should have been opened by^ 
law * ^ » The points at which the polls were to be opened were not published 
until Sunday morning the day before the election in the Shreveport Southwestern. I 
suppose the object of this was to coufnse the lepnblicans so that they would not know 
where to go in order to Aote. There seemed to be a general impression that the demo- - 
crats knew where the polls would be held, and they seenuid to be sanguine'that the 
election returns would be in their favor or interest. 

WM. McKENNA. 

DiSTRicr OF Louisiana, ss: 

I certify the foregoing to be a true and correct copy of the deposition of Wm. 
McKenna, taken before me in the matter of ''Reports of United States supervisors of 
election, parish of Caddo, Louisiana." 
New Orleans, Jauuarv 6, 1873. 

[SEAi,] ' F. A. WOOLFLEY, 

United States Commissioner, Chief Supervisor of Elections, District of Louisiana. 



NATCHITOCHES PARISH. 

W. H. Redmond, of the parish of Natchitoches, being duly sworn, deposes and says : 
I was a United States supervisor on the day of election, November 4, 1»72, in Natchi- 
toches Parish. The ballot-box Avas to be Bnlah Church, Filth ward, which had here- 
tofore been the regular polling-place, but I found it in a fodder-house in the middle of 
a field, half tilled with fodder, over which the voters had to pass. ******* 
It was 12 o'clock in the day when I found the box in the fiehl. We stoi)ped at Bnlah 
Church, thinking the box would be there, ami found thirtj^ or forty white men stand- 
ing about there, but none of them seemed to know where the box was. They crowded 
up together and whispered to eacli other that they would all take a certain road, and 
were goui- as if they were going home. The road they took led to where the box was. 
There is no name for that road. The box was about three miles from Bnlah Church. 
They had been going off from early morning, and we followed them when they left in 
a body at 12 o'clock — myself and the other United States supervisor, Edward Er/.ernac — 
and when wc arrived, there were about onehniulred and twelve colored and white men, 
all mixed up together, following on behind us. The greater nnmber of these men were 
< (ilored. When we arrived there we stopped at the gate, and, as I saw no road leading 
in, I thought I would go through. After arriving in the lield, I saw two or three little 
log-cabins with a good many men gathered around them, so I concluded that the box 
was there. I went into one of these log-cal)ins and found the box. ***** jfo 
uoticehad been given that this place would be the ])lace where the ()oll would bo opened. 
The State supervisor of election had told Henry Raymond, a United States supervisor 
of election, and M. P. Blackstone, John J. Lewis, and myself, all Unit(Ml States super- 
visors, that there would be five boxes in the parish, and that one would bo at Bnlah 
Church, in the Fifth ward. There were six colored men refnsed the right to vote after 
having been duly registered. They exhibited their registration papers, and demanded 



116 CONDITION OF AFFAIRS IX LOUISIANA. 

• 

the right to vote, but the commissionei's of election saiil that their names conld not be 

found npon the books. * » * ^ » » * There was considerable crowd- 

ihjx about the polls to deter the colored men from votiuj^. 

/ The white men came in at one door and the colored men at another. Two or three 

j white men were admitted to vote for one colored man : otherwise the election went oft' 



j properly dnring the day. 



The great trouble was in the numbers of the registration papers being ditferent on 

Vthe papei-s from those on the poll-list, ami a great many were debarred from voting on 

that acconnt. The coloretl men as soon as they voted went oft", and when the poll 

closed there being only twehe m- thirtt-en colored men present, and the poll being near 

the woods, I did not ileein it safe to remain with the box. * * » 

/ I was not permitted to examine the count of my own box or any bther box, and 

; therefore cannot vouch for the correctness of the count. One hundred and tweUe men 

t'l went up to the box with us, and out of these one huuJred and twelve republicans I 

\j know there must have been ojie hundred that voted the republican ticket — both white 

I and black — yet when the votes were counted only tifty-seven republican votes were 

\ retnrned. As United States superyisor, I know that re])ubUcan votes should have been 

■ not less than one hundred and Hfty or one hundred and sixty returned. Great dissat- 

isfact'ou prevails among the colored people who voted at this poll. Some of theia 

came tweuty-hve miles to cast their ballots and were unable to do so. I myself had to 

come t\yenty-tiye miles. 

W. H. REDMOND. 
District of Lovisiaxa, its: 

I certify the foregoing to be a true and correct copy of the deposition of W. H. Red- 
mond, taken before me, in the matter of " Reports of I'uited States supervisors of 
election, parish of Natehitoches, Louisiana." 
Ne\y Orlean.s, January G, lf5T:i. 
[SEAL.] ' F. A. WOOLFLEY, 

United State>> Commissioiier, Chief Supervisor of Elections, Diistrirt of Louixiniia. 



NATCHITOCHES PARISH. 

John G. Lewis, of the parish of Natchitoches, being duly sworn, deposes and says : 
I was a United States supervisor on the day of election, Novemlier 4, 1872. I was 
appointed on the tiikl of October and qualified on the tirst day of November. I pro- 
ceeded at once to my official duty in the town of Natchitoches, where the registration 
of voters was then proceeding. When the registration first opened, the State regis- 
trar, E. L. Pierson, seemed to be cramped : that is, he did not seem as if he conld dis- 
charge the duties of his office. I went and oftered my assistance to him in assisting to 
register the voters, in order that he might haye them all registered, but he replied 
that he was not allowed to haye any assistant but one, as the law required, and that 
he had his orders from the goyernor. That same day men came and informed me that 
they were slighted in the registrars office, for the reason that they were Kellogg 
men, and they were so charged by the supervisor himself, E. L. Pierson. They then 
applied to me, as I was teaching school at the time, and wished me or Mr. Blunt, State 
senator, to see if we could get them through. Mr. Blunt went, upon their applicatiou, 
and I followed at 1*2 o'clock, and again ottered my services to the registrar, which was 
again refused, for the same reasons. I suppose there were one hundred men came to 
me at ditfereut periods and asked me to try and get them registered. He remained at 
that point of the parish for two weeks. After leaving there he went to a place known 
as Cloutieryille. I went down shortly after, while he was there. He left on Monday 
and we started on Thursday, four days later. We came there on a political campaign. 
He then commenced hauling and pulling the coloreiL men, for the reason that they 
held up and demanded their registration papers. They advocated their claims and the 
necessity of their being registered. After registering all the white men there he .said 
that he was out of blanks. Before he was out of blanks he was registering in Mr. 
Charleyille's store, and on account of his rascality Mr. Charleyille told him that he could 
not register in his store any more : that he must register somewhere else. He had 
been secreting the registration blanks in the store. Mr. Ch irleville's words were 

these: ''That he would not allow any such d d rascality in his st»)re." He then 

went from Cloutieryille to ilr. Challas's. about eighteen miles distant. I f<dlowed him 
there. He arriyed there on Saturday and we arriyed on Monday, two days later. He 
there registered iurty-fiye white yoters and one colored voter. It was not a registra- 
tion point. At this jdace the colored people were denied the right of registration, the 
greater part of them, and fre<|uent api>eals were made to me to assist them in 
getting registered. I remonstrated with the State registrar, and his answer 
was that he would register every person, bnt he failed to do it. He was not 
]uomi>t in keeping his office open during the regular official hours. On the 
day of election 1 was at Blacklake, Ward No. 2, and remained there the better portion 
of the day. The election was peaceable. There were attempts made to depriye the 



CONDITION OF AFFAIRS IN LOUISIANA. 



117 



colored voters of their ri<rlit to vote. I have a list of those men who were denied the 
right to vote for the reason that they were registered in another ward, but there was 
no box or i)oliing-place in the ward where they were registered. They are in number 
one hundred and eighty-eight, and their names areas folh)\vs, accomi)anied l)y my 
certiticate: 



1. Alstalk. 04. 

'2. Allen, William. 65. 

:?. Anderson, Dave. 66. 

4. Alfred, Samuel. 67, 

."). Abram, .James. 68. 

6. Ahram, Benjamin. 69. 

7. Amos, Jolm. 70. 
•^. Anderson, Israel. 71. 
iK Booker, George. 7'2. 

HI. Babers, Boston. 7;{. 

11. Bly,Jim. 74. 

12. BaVker, Bill. 75. 

13. Browder, Dick. 76. 

14. Blakely,. lames. 77. 

15. Berry, Greene. 78. 

16. Gliiles, Daniel. 79. 

17. Chiles, Rand. 80. 

18. (lonii)ton,.Teti'erson. SI. 

19. Chatigne, Narber. S2. 
yO. Craig, Crawford. 83. 

21. Coser, William. 84. 

22. Collins, Peter. 85. 

23. Chatman, Edward. 86. 

24. Coletield, Robert. 87. 

25. Chism,John. 88. 

26. Clark, Henry. 89. 

27. Coates, .Jerry. 90. 

28. Douglass, Willis. 91. 

29. Damas, Levi. 92. 

30. Andrew, I^ewis. 93. 

31. Davison, Victor. 94. 

32. Daudridge, Edward. 95. 

33. Dias, Calvm. 96. 

34. Derbon, .Joseph. 97. 

35. Dovtoland, Joseph. 98. 

36. Dias, Max. 99. 

37. Cholegnier, W. 100 

38. Edward Abram. 101. 

39. Eden, Alfr.'d. 102. 

40. Ellis, Riehanl. 103. 
Franklin, Alexander. 104. 
Frazier, Anderson. 105. 
Farley,, Josei)h. 106. 
Farley, .Joseph. 107. 
Frythe, Patterson. 108. 
Fallow, Anderson. 109. 
Frazier, Mae. 110. 
Foet,John. 111. 

49. Fontenot, Gus. 112. 

50. Greene, Lie. 113. 

51. Greene, George W. 114. 

52. George, Ilenry. 115. 

53. Gask in, Henry. 116. 

54. (troves, .John. 117. 

55. Hardy, Prinee. 118. 

56. Harris, .Jake. 119. 
.57. Hill, William. 120. 

Hamilton, Jim. 121. 

Holmes, Robert. 122. 

Hector, William. 123. 

Hawtlunn, Alfred. 124. 

Horton, Francis. 125. 

Hall, A. J. 126. 
1 hereby certify that the above 
from the i)oll and box situated in 



41. 
42. 
43. 
44. 
45. 
46. 
47. 
48. 



Hatcher, Senicoe. 
Hardeman, Charles. 
Hall, A. Jack 
Jackson. Anderson. 
Joiner, McHenry. 
Jaiueyscm, George. 
Johnson, Samuel. 
.Jones, Laboone. 
Jeiddns, Roleen. 
.Jackson, Andrew. 
Johnston, Charles. 
.Johnston, Sandy. 
•Jerkins, Robert. 
Johnston, Bryard. 
Jackston, Andrew. 
Lebrou, Lewis, 
liouis, Jo. 
Morgan, Ben. 
Mickle, J. 
Moore, Allen. 
Morse, William. 
Mitchell, Claiborne. 
Mithcell, Ed. 
jSIoouey, S. 
Morse, John. 
Matimes, .John. 
Meizier, Va\. 
^leizier, H. V. 
Meizier, Tunas. 
Moore, Calvin. 
Moouey, Pat. 
Owens, Amos. 
Provost, Julian. 
Porter, Lewis. 
Perot, Augustin. 
Prestelle, Mat. 
Pecak, Alfred. 
Parker, John. 
I'iene, Peter. 
Prostelle, March. 
I'osser, Witty. 
Penticost, Richmond. 
Russell, Levi. 
Revers, Paul. 
Rileford, Anthony. 
Loyd, Courier. 
AVilifreil, Dock. 
Reese, .Joe. E. 
Robinson, Argyle. 
Redderford, Wallace. 
Rauche, Thomas. 
Rutherford, Wm. 
L'ivers, Louis. 
Livial, Abram. 
Sanchez, L. 
Spero, Green. 
Southerland, Robert. 
Siiums, Hubbard. 
Stewart, Harry. 
Silvie, James. 
Stewart, Tony. 
Sillers, William. 
Silvie, Benjamin, 



127. Smith, Amos. • 
12H. Smith, James. 
129. IMcClendcn, A. 
i;'>0. Stei)hen, Moses. 
13t. Tayloi-, Rafrra. 

132. Thomas, Boston. 

133. Tliomas. Alex. 

134. Trichel, Alex. 

135. Taylor, Farmer. 

136. Taylor, Adol])he. 

137. Taylor, Andrew. 

138. Taylor, Armstead 

139. Thomas, Ed. 

140. Taylor, Jake. 

141. Thomas, Ike. 

142. Turner, Samuel. 

143. Thonuis, Peter. 

144. Lebnon, Tousant. 

145. Lebnon, Evariste. 

146. Thonu\s, Afr. 

147. Thomas, John. 

148. Toddletou, Albert. 

149. Taylor, Carey. 

150. A^iuceut, Richard. 

151. Weber, Henry. 
1.52. William, Dan. 

153. Watson, William. 
1.54. Wilson, George. 
155. Wooten, Louis. 
1.56. Weber, William. 

157. Warmsley, John. 

158. Watson, .John. 

159. Woods, Alt. 

160. Warmsley, Jesse. 
1()1. M'illianis, Harry. 

162. Williams, Samuel. 

163. Williams, Richard. 

164. Wilson, Rnssel. 

165. Wilson, William. 
16(). Wilson, John. 

167. Washington, .Jno. 

168. Wash, John. 

169. Williams, E. 

170. Weber, Saml. 

171. (Jorncie, Henry. 

172. Prostille, Lonis. 

173. William Rudd. 

174. James Holland. 

175. Wilson Danderfield. 

176. Louis A. Brown, (re- 

fused.) 

177. Wm. Lawton. 

178. Frank Butler. 

179. Jacob Turner. 

180. Henry Harrison. 

181. Wm.Woodfork. 

182. Edward Greene. 

183. Harry Owens. 

154. Louis, Joseph. 

185. Jas. Alfred. 

186. Peter Conde. 

187. Isaac Alforde. 

188. Hector Smith. 



named were noted down by me after my expulsion 
Ward No. 2, and that more than one-half of the above 



118 



CONDITION OF AFFAIRS IN LOUISIANA. 



"were refused the ])rivilpge of voting because tbey lived in another ward otlier than the 
one at which the box was phiced. 

JNO. G. LEWIS, 
United States Sujurcisor of Election. 

The voters formed in line in front of the polls on the day of election. There was a 
preference shown to white men as they came up to vote. A preference was shown to 
political friends for the reason that ti)e white men out of the Fourth ward were per- 
mitted to vote in this ward, No. 2, whereas the colored men who belonged to the same 
ward were not allowed to- vote at the same ward, No. 2. The State registrar said that 
he would have live boxes in the j a:ish and that he had intended to have twelve, but 
that since the republican party had united he was going to put the boxes where he 
/"pleased. A great many colored men were disabled troui voting in consequence of the 
/ distance they had to travel and the state of the weather. "This small number of boxes 
for the voters of the parish, I have a rijiht to believe, was for the purpose of keeping 
j the colored men from voting with facility. It was almost the general rule that the 
/ imniber on the registration paper did not correspond with the number set against the 
' name on the poll-book or list, and in consequence a great many votes were rejected. I 
suppose the better half of tliese one huudre<l and eighty-eight, whose names are 
already given, were rejected for that reason. The State supervisor of registration was 
not present at the polls. When the election closed the box did not come into the town 
of Natchitoches or the nuiyor's oftiee until the next day. I did not remain with the 
box when the election closed. When I went to the polling place and jiresented my 
\ commission as well as my badge, they refused to recognize my authority and I was not 
\allowed into the room ; they told me that I could stand outside if I wanted to do that. 
I was, however, so tar removed from the V»ox that I could not see whether any frauds 
were carried on in the couut, but when I was at the door I saw them stuffing Viallots 
into the box with a stick. I have a right to believe that the box was pretty well 
crammed, because tbey were voting by candle-light prior to six o'clock that morning. 
Six o'clock is the regular official hour for opening the boxes. When I got to the polls 
they bad just refused one Thompson of the right to vote. I protested because they had 
not provided a box for the Fourth ward; that he was a voter, and all the voting was 
done in the one precinct. The State commissioners then saul that they wei'e sent there 
to goA^ern the election and would do so. I left the polls at half-past 10 o'clock in the 
movning, and withdrew the colored people who had been standing around that were 
refused to be allowed to vote. I took down their names and took them before a United 
States commissioner, where, on that day and the following and subsequent days, tbey 
made affidavits that they were denied the right to vote. I did not relurn to tbe polls 
that day, because I had to go a distance of twenty-eight miles to see the United States 
commissioner. One Unite<l States supervisor remained at the polls after I left ; his 
name is John Canghlin. Two days later I saw the l)ox at the mayors office at Natchi- 
toches, where it was opened to be counted. I have no knowledge of where the box 
had been in the mean time. I was not preseut at the counting because I had been t(dd 
in the nu)rning that the mayor's office was a strictly private apartment. 

I was not allowed in there to witness the counting, although I made every effort to 

get in; but there seemed to be a source of uneasiness among them. I'rior to my going 

in, the State supervisor had declared that any United States supervisor who nuule a 

report about him he would cane him. I felt that intimidation was being exercised and 

I did not wish to im])eril my person by going in. Mr. Blackstoue, United States 

supervisor, and Mr. Tunnard, United States connnissioner, were ])resent when the 

counting was going on. They were white men, and I think the reason why I was not 

allowed entrance was because I was a colored man. 

/ Ward No. 2 is entirely a republican section, and the majority of the votes cast has 

/ hitherto been republican. The anu)uut of votes cast has generally been from three 

I hundred to three hundred and fifty. The republican ticket out of these would bo 

^ about two hundred and seventy-five, and the maj(nity would be about two hundred, 

\ whereas the returns in this box at the recent election gave over four hundred of a 

^^VdftJliocratic uuijority. Great dissatisfaction jirevails among the colored people who 

^^'Oted at this box, at having been defrauded of their votes. 

JNO. G. LEWIS. 

District OF LurisiANA, sn; 

I certify the foregoing to be a true and correct copy of the deposition of John G. 
Lewis, taken before me, in the matter of 'Reports of United States supervisors of elec- 
tion, parish of Natchitoches. Louisiana."' 

New Orleans, January 6, 1873. 

[SEAL.] F. A. WOOLFLEY, 

Vnited States Commissioner, Chief Supcrrisor of Elections, Distviei oj Louisiana. 



CONDITIOX OF AFFAIRS IN LOUISIAN.A. 119 

EAST BATON ROUGE PARISH. 

Gilbert M. Uu.stud, of E;ist. Baton Ron^o, beins duly sworn, disposes aiui says: 

* * I was appointed United Stntos supervisor for tiie fifth precinct., * * 
the polls beiuc; Jit that time at Port Undson. 

Q. You served as such ? — A. Yes, sir. 

# # # y- f it * 

In the eveninfj, after the polls closed, I saw the commissioner that had been ap])ointod 
for Baton Ronsie and asked him what time he proposed to i;-o to town. We got about 
(as near as I can .jndijc) eiiibt miles from Port Ilndsoii when we were stopped by a 
])arty ot'men. They shot oil" ahead of ns across the road, and somebody cnlled out," Mr. 
McKittrick, nre yon in the waj^cn ?" lie said, "Yes ;" and tliey said, "We want to see 
yon." He then ^ot ont of tlie wa<2;ou and was jjone, I should jnd;xe, five minutes, tlie 
box beinj>; still under tln^ seat ; he came back and I jumiied ont of tlie wajjjon and asked 
him wliat was the matter ; says he, " I am j>'oin<r to stay here all ui.oht, (at the same time 
tnkiniz; the box from under the si!at ;) you can renuiin or go to town, jnst as you see fit." 
'You iaiow my duty," said I ; " it is ti remain with the box." lie then started to the side 
nf th(> road and I attempted to follow him, w'len these parties stepped in between us. 
" * * * I suiipose it was about lifteeu minutes before McKittrick came 

buck with the box ; stated be had ciianoed his mind, and that it was his intention to go 
(o towu, at the same time placin<jj the box in the wagon. We started in the direction 
(if town together, and we were followed by three or four men on horseback until wo 
got within a mile and a half of the outside limits of the corporation, when they turned 
around and went back. We got into the court-house, at Baton Rouge, about half past 
twelve o'clock. * # « rpi,g ^y.^y they sealed it (tlie box) was horizontally, 

on each end. I should judge it could iiave been oiiened * * * without 

leaving auy evidence of having been tampered witii. 

Q. About what should you say would be the result from the conii)lexion of the vote 
cast at tliat voting-place .^ — A. Thirty-niue liberal votes and one hundred and si-xty- 
six republican. 

Q. You kept the tally ? — A. Yes, sir ; I kept the tally. I believe it is here. 

Q. What was the result of the counting ?— A. Thirty-four liberal majority instead of 
one hundred and thirty-two republican majority. 

Q. How could such result have beeu obtained? — A. No way unless the box was 
tampered with. 

Q. Did you mark your ticket so as to identify it ? — A. Yes. sir. 

Q. Did you see it come out of the box ? — A. No, sir ; I didn't see it come out of th(? 
box. 

Q. Were you pi'esi'iit at the counting of th<^ votes ? — A. Yes, sir ; and I ilid not 
see it. 

GILBERT M. HUSTED. 

O. II. Foreman, of East Baton Rouge, being duly sworn, deposes and says : 

Qnesrion. State what position you held on the 4th of Novembei', 1372. — Answer. I\ 
was United States supervisor at Poll No. 1, Ward No. 7, Bitou Rouge. * * They 
Lad two boxes; they put all those that voted under Brady's registration in one box, and 
under the old registration, or ou the blanks that I furnished that day, they put thein 
in another box. 

Q. That is, those votes cast under the enforcement act ?— A. Yes, sir. I put them 
in, but they were rejected. 

Q. How many were, so rejected ? — A. There was about seventy. / 

(}. On what ground?— A. That they were not i*egistered under jMr. Brady, and that/ 
they could not vote tliem. I made them go two or tiiree different times and present' 
their old registration i)ai)L'rs to vote, but thay told them not to come there auy more — ■ 
that they would not allow them to vote under these papers. ■»*##» 

Q. Had these persons previously made a demand to be registei'ed ? — A. Yes, sir. 

Q. And were refused ^ — A. Yes, sir ; some of them refused and more of them could 
not get to the office. Some of them said the oftice closed one evening at half past 3 
o'clock, and the registrati<m officer left forty or tifty men standing there waiting to be 
registered. * * And after the election was over they went to seal the boxes. 
Tliey tore a slip of paper about wide enough to sign the names of the commissioners, 
and I asked the piivilegi; of putting my signatnre to the seal. That was denied unless 
I could show them the law. I told them I didn't practice law, but they ought to know 
their own business, and instead of putting it across the lid and sealing the box they 
got it under the jiadlocks, so that the box could be opened without disturbing the seal. 

* * The paper was not large enough to cover the key-hoh;. * * Sam 
Howelson, Charley McM.inn, and D.iniel Denham. Siim Howelson was the cue that 
picked up the boxes, and Harrington Howelson had them in the buggy. They passed 
me and drove very fast to Baton Rouge, and my horse gave out and I couhl nor keep 
up with theni. 



120 CONDITION OF AFFAIRS IX LOUISIANA. 

♦ 

Q. From the time tlie box left the votiug-place -where did you next see it ? — A. I 
have not s^eeu it since. * * 

Q. You don't know where it was taken from tlie pollinp;-place ? — A. Some of the 
men tokl nie it had gone on to the court-house, but I don't know whether it was the 
same box or not. 

/ Q. How many votes were cast at the poll ? — A. There were eighty-six cast under the 
I Brady registration in one box, and ten in another, called the doubtful box. There 
fwere about sixty-live I'epublican votes cast there under Brady's registration. 

Q. And what did the count give? — A. They only gave us twenty-nine republican 
votes. 

Q. It should have been sixty-live ? — A, Yes, sir ; from sixty to sixty-five, because I 
sat tliere and took a list of every colored nuin that came up. Tliere was myself and 
anotber man to give the tickets, and I never left the tickets out of my hand at all. * * 

Q. How could such a result have been etfeeted ? — A. I don't see any way unless it 
was done at the house where they staid three-quarters of an hour, off the public road, 
before they came on with the boxes. 

Q. Then the box was tampered with? — A. Yes, sir, it must have been. * * After 
I got to the court-house, Doctor Gardner and Mr. Howelson each pulled out a roll of 
these counterfeit republican tickets and said, *' We voted about twenty-five or thirty of 
these on you to-day." • # * * # 

O. H. FOREMAN. 



EAST BATON ROUGE PARISH. 

Charles G. Pages, of East Baton Rouge, being duly sworn, deposes and says : 

I was United States supervisor of election at Plains, McCartney's store, Fourth ward. 
* * The polls closed at about five minutes past six in the evening, and I saw the box 
sealed. There was a strip of paper used. Tlie' box had but one lock and the slip of 
paper was pasted over it, bearing the signatures of the three commissioners. I noticed 
that the paper was placed very nearly straight, and I noticed afterward when they got 
to the court-house that it was not so straight as when they placed it there. 

Question. Did j^ou follow the box from the polling-place to the court-house ? — An- 
swer. No. After they closed tlie polls I called Mr. Cheatham to me and told him tluit, 
as United States supervisor, I desired to go with the box. He made no rei)ly, but walked 
away, and entered his buggy and drove at a very rapid rate toward Baton Rouge, 
taking the box in his buggy and driving at a very rapid rate. I had a very fast horse 
and tollowed them pretty close. In fact, I was right behind him all the time. I sup- 
pose we had driven about three or four miles when some five or six men (ui horseback 
closed right in between my buggy and Mr. Cheatham's, which contained the box. This 
set me back a little; not being acquainted with the road and not knowing where the 
bridges were, I had to check up a little. When w^egot about seven miles from the polls 
they had halted in front of a Mr. Liggins's store. When I left the poll, Mr. M. S. Michael, 
democratic United States supervisor, was in the buggy with me. I was pretty close to 
them when they stopped, and as soon as I stopped, Mr. Michael jumped out and went 
into the store. He returned in about two or three minutef, when I inquired of him 
where Mr. Cheatham was. He said that Cheatham had gone on and was in town, he 
supposed. I inquired of him how, liecause I was standing near their buggy. He replied, 
" On horseback." I then asked Mr. Michael if Mr. Cheatham had the box(«, and he 
answered, " Yes." Shortly after that Mr. Commissioner Ligon came out of the store, 
jumped in his buggy, and bid us good-night, and started ott' toward town. * * * j 
arrived at the court-house nearly live hours ahead of Mr. Cheatham and Mr. Ligon, the 
commissioners. 

Q. Where was the box at the time you stopped at Ligon's store ? — A. I do not know. 
It must have been in the store, because the buggy was standing there. ''" "* * 

Q. How far behind them wei'e you? — A. Not far. They had just time to get out of 
the buggy and go into the store bciore I got up there. 

Q. You did not see anything of the box ? — A. No. I stood in front of the door hold- 
ing my horse, and when one of the doors came open, somebody shut it quick. 

Q. State the count. — A. There was a democratic majority of about sixty or sixty- 
five. 

CHAS. G. PAGES. 

DisTKicr OF Louisiana, ss : 

I certify that the foregoing is a true and correct extract from the de])ositions of G. 
M. Ilusted, O. H. Foreman, and Charles G. I'ages, taken before me in the matter of 
"Reports of United States supervisors of elections, parish of East Baton Rouge, Lou- 
isiana." 

New Orleans, .Jannarv 6, 1873. 

[SKAL.] ' F. A. WOOLFLEY, 

L'nitecl States Commissioner, Chief Supervisor of Elections, District of Louisiana. 



CONDITION OF AFFAIRS IN LOUISIANA. 121 

DOCCMKNT C. 

UXPARAT.LEI>EI> THAUOS — PkOVEJ> HV THE SWOHN EVIDENCE AND CONlIKMEl) BY 
FIGTIRES THAT DO NOT LIE. — 31,86;> COLORED VOTES SUTPRESSED. — THE AFFIDAVITS 
OVERUATTLED AND THE WITNESSES BROUGHT OUT. 

Jll sorts of frauds— f ranch in the counting — haUot-boxcs hidden— fraudulent rcr/istraiion — 
republicans refused registration — republicans denied a rote — ballot-boxes stuffed by tiholc- 
lale — United IStates superrisor intimidated, shot and drircn from the ballot-boxes — spurious 
tickets — outrageous intimidation — tridiS of ere) y conceirable kind — McEnery sent up in a 
balloon — a fair statement. 

'(^'onipilcd for tlir Tlcpiibliciiii from statiistics, returns, ami affiilavits, \>y John E. Loot.] 
VnV.X lOUS ELECTIONS. 

The State election in 18()8, and the State election in 1870, are the only eriterious of 
Avhich we can fairly avail ourselves in any attempt to ascertain the approsimat(^ 
strength of the two parties. The late Horace Greeley proved to the satisfaction of the 
country that the presidential election in the fall of 1868 was a farce in Louisiana ; that- 
:ti was bathed in blood, and was more like .a battle than a peaceful choice of rulers. 

ELECTION IX 1868. 

No]>ody ever denied tliat the election in the spring of 1868, under military auspices, 
was fair and impartial, so far as it exteiided. The regular republican candidate for 
governor then receiv^ed 64,901 votes, ahnost all colored. His oi)ponent, also a republi- 
can, was supported by the bulk of the white republicans, by the democrats, and by a 
large number of colored republicans, but only polled 38,046 votes. Regular republican 
majority, '26,855. Many colored men in some parishes, and many white men in others, 
did !iot vote at this election. Total vote, 102,947. 

ELECITON IN 1870. 

Warmotli. who conducted this election, says it was fair. Total vote, 106,817. Du- 
bnclet. republican candidate for treasurer, received 65,647. lUair, democrat, received 
41.170. Dubuclet's majority, 24.477. 

It has been charged, but never proved, that frauds weic perpetrated in some of tin- 
parishes at (his election, not upon democrats, but upon one class of republicans by 
another class, in the contests for seats in the legislature. 

It has also been charged, but never proved, that in New Orleans frauds were perpe- 
trated n})on the democrats. 

It has been charged and proved, on the other baud, that in at least a dozen parishes 
thousands of colored men were intimidated from voting. The colored population of 
Caddo, IJossier and Saint Landry is, according to the United States census, 36,663. Es- 
timating one in every live as a voter, there were in these three parishes 7,332 colored 
voters, l)nt the returns show that only 2,3.52 of them voted. The fact that over five 
hundred colored men were raui^ered iu these three parishes only two years previously 
for trying to vote, explains why almost 5*000 of them desisted from voting in 1870. 
This number of intimidated voters is sufficient of itself, without going any further, to 
counterbalance any possible frauds committed in favor of the republicans in New 
Orleans. We are thus warranted in the inference that Dubuclet's majority of 24,477 is 
not more, but really much less, than the actual republican majority iu the State would 
have been with a full, free, and fair election. 

THE WORK TO I5E DONE. 

The democrats at the late election set out to overcome an established republicau 
majority in round numbers of 25,000, consisting mainly of colored men, not 100 of 
whom could be induced, by fair means, either to remain away from the polls or vote 
the democratic ticket. No attempt was made to convert the colored voter. The 
whole democratic campaign was (lenuuciative of the negro and a class appeal to the 
whites. The colored vote was solidly conceded to the republicans, and every effort 
Avas directed to polling the white vote for the democratic ticket. 

WHAT THE CENSUS SAYS. 

Just here the census intervenes and declares it would be impossible to carry the 
♦State against the colored vote on this plan, without the aid of fraud. All iuaccuraciea 



122 CONDITION OF AFFAIRS IN LOUISIANA. 

in the last census are favoraljle to the wliites. This is sho'vu by a comparison with 
the report of 1800. Everyljody supposed the devastating war liad decreased the white 
and increased the coh)red ])opnlation, until the recent census declared the opposite 
result. Tlie truth is the secluded cabin ot many a colored family in the rural districts 
was omitted in the enumeration, wliicli still reports 3l)4,'210 colored to 3(52,00") whites 
in the State — a colored majority, in population, of 2,145. If we admit that one in five 
of the colored population is u voter, there are, according to the census, 72AS2 colored 
voters in the State. 

The same ratio of one in five would give ns almost as many white voters. But there 
is a material difference in the two races. According to the census there are >^0,97^) for- 
eigners in the State, of whom a very large proportion are men, and of nationalities 
who do not readily become citizens. From any estimate of the white vote at least 
twelve per centum must be deducted for unnaturalized foreigners. Besides this, the 
ratio of males is larger to the colored than it is to the white population, from the fact 
that previous to the war sugar and cotton planters exclusively imported male slaves 
from the border States. In some parishes the excess of colored men is notorious. The 
ratio of one in nine is therefore generally used to ascertain the legal wliite vote. This 
Avonld make 40,yj2[). Colored majority, 32,G13. 

THE WIIITK R1:PUI!LICAN VOTE. 

There arc no means of r.seertaining the exact number of white men in the State who 
voted for Kellogg. In each country ])arish there were from fifty to live l\undred. In 
Iberia alone it is not, cannot be denied, that ui)\vard of five hundred white men, here- 
tofore democrats, A'oted for him and the entin; ticket. In the city the Uerman votes, 
over five thousand strong, were cast chiefly for Kellogg. Besides, there were large 
republican clubs of various otlier natioiuilities which supported him. The democrats 
charge that four thousand or live thousand plaee-lu)lders and employes under the city 
and federal governments worked for him. On all sides it is admitteil that a very large 
number of property-holders, merchants, and bankers voted for him. His friends claim 
that he received throughout the State not less than fifteen thousand whit(» votes. 

COLORED :majoiuty actuaij.v registerkd. 

A statement of the number of voters registered up to the day of closing the registra- 
tion, taken from the books of Warmoth's democratic State supervisors by the federal 
supervisors of registration, which include<l every ])arish in the State except four, where 
the two races are aboift equal, shows a registered colored majority of nineteen thou- 
sand voters, if we allow a white majority of ten thousand in New Orleans, in spite of 
all the devices to prevent them from registering, which succeeded so signally in several 
parishes. 

SIMMINC ll>. 

Vote for governor in 1SC8: 

Total vote 102, 947 

Kegular republican 64, 901 

Bolters and democrats 38, 04(> 

Republican majority 26, i:*7^'t 

Vote for treasurer in 1870: 

Total vote '. 1015, 817 

Republican 65, 647 

Democratic 41, 170 

Republican majority 24, 477 

Vote for governor in 1872, per Warmoth return : 

Total vote 121,919 

Democrat ic Sd, 579 

Republican 55, 973 

Democratic nuijority 9, 9tl6 

Vote for governor in 1872, per legal return: 

Total vote 126. 552 

Republican 72, 890 

Democratic 54, 027 

Republican majority 18, 861 



CONDITION OF AFFAIRS IN LOUISIANA. 123 

THE IIMMENSE COLORED VOTE SUPPRESSED. 

Tho Wariiioth return gives Kelloog only 55,973. Subtract from tliis the 15,000 
white repulilieaus, and this return tells us only 40,97;} colored men votC'<l for Kisllogcf. 
Subtract this 40,973 from the 72,842 colored voters in the State, and the fact conies out 
that this Warmoth board suppressed 31,869 colored votes. 

.VXY WAV YOU EIX IT. 

Any shape you give the tigures defeats McEnery. Admitting what nobody claims, 
that the white is etfual to the colored vote, then the lifteen thousand white n^publi- 
cans transferred from McEnery to Kellogg gives the latter thirty thousand majority; 
the further deduction of at least ten thousand unnaturalized whites from McEnery's 
cohunn swells that majority to forty thousand. 

I'OUR DAMNING FACTS. 

Four general, undenied and undeniable facts satisfy all impartial obseivers that ifc 
was the democratic ]irogramme to (;arry tin; State by fraud: 

1. The alliance with Warmoth. "These lingers are worth a United States senator- 
sliip" Avas the basis upon which "an alliance with infanu' which is infamy itself" was 
made. 

2. After the alliance the democrats protested against the signing, by Warmoth, of 
their own election law which they had forced through the legislature to i)revent 
fraiul . 

;?. Throughout tho State tho commissioners of election wore all from one party — all 
democrats; an outrage uni)arallelcd in the history of Louisiana or any other State. 

4. Throughout the State the iederal inspectors were driven from the prtiseuce of the 
ballot-boxt's, and the State vote was counted in secret exclusively by denfocrats for 
the declared object of committing fraud. 



McEnery claims to be elected govcu'uor of Ijouisiana by 9,597 majority over Kellogg, 
by virtue of the returns declared by the Warmoth or Lyceum Mall returning-board, 
(consisting of live persons elected by a pretended senate without a quorum. Two of 
those five retnrning-oftieers, S. M. Todd and O. F. llunsaker, swear thi'ir names were 
forged to that return, and that they did not sign it on account of the I'rands it con- 
tained. The very authority n[»on which Mel'^nery rests his claim thus stiikes down 
that claim. 

A CURIOUS REVELATION. 

At the election two years ago, in 1870, the democrats carried sixteen parishes by aa 
aggregate majority of 7,303. These same sixteen parishes now give, acc(n'ding to the 
return of tho Warmoth board itself, an aggregate democratic majority of only 7,10L 
Upon their own showing, the democratic loss on their own ground is 202 votes. This 
shows that the transfer of the election machinery to their hands was of no h^gitimate 
benefit to them, and was only useful as a means to fraud. It vindicat«'d the fairness of 
the republican victory two years ago. It shows that it was the programme, to let the 
democratic parishes alone and carry the crusade of fraud into Africa. 

PREPOSTEROUS DEMOCRATIC CLAIM. 

In the remaining thirty-six i)arishes of the State, which were all carried by the re- 
publicans two years ago, by an aggregate majority of :52,()lfi, the Warmoth board now 
returns an aggregate democratic majority of 1,55(5. At an election, wiiiidi showed 
large republican gains in every other State in the Union, an astonishing democratic 
gain of 34,171 in tlnj oppositedirection, is claimed in tlie exelnsivtdy republican jiarishes 
of Louisiana, by a board which admitted a republican gain in the exclusive (lemocratio 
parishes of tlie State.'. 

M'kNERV sent up in a BALLOON. 

A comparison of tin; population of seventeen parishes, with the return of the War- 
moth board, completely exi)lodes, of itself, every i)retense McEnery can set up to being 
fairly elected. Those seventeen parishes are : Avoyelles, Assnmptiun,East IJtton Kouge, 
West Baton Rouge, Bossier, Caddo. De Soto, Iberville, Madison, Natchitoches, Phxpie- 
nunes, Morehouse, Pointe Coupde, Rapides, Saint James, Saint Martin, and Saint Mary. 
From these parishes the Warmoth board returned 17,09.-" votes for McEnery, and only 
14,518 fur Kellogg. Majfuaty for McEnery, 3,180. But the population of these same 
parishes is only 07 570 white, to 145,220 free colored. It is known that many of these 
whites voted for Kellogg, and that every colored man desired to vote for him. It; is 



124 CONDITION OF AFFAIRS IN LOUISIANA. 

also known that many of the whites are unnaturalized foreigners ; also that the pro- 
portion of white voters in a given population is ^mailer than of colored voters. Yet, 
t iking the same ratio of one to five for both colored and white, and admitting for the 
«ake of argument that all the whites were voters, and voted for McEnery, a division 
of tiie popuhition given above by five leaves us 1:5,514 white or McEnery voters, to 
29,044 colored or Kellogg voters, or 15.530 colored or Kellogg majority I This is the 
«tory of seventeen parishes. The 15,000 to 18,000 colored voters within their limits 
alone, who were denied a vote, swamp the entire majority McEnery claims in the State, 
and buries it more than 5,000 votes out of sight, to say nothing of ithe monstrous frauds 
in the other parishes. 

THE SWORX EVIDEXCK. 

Holow is given a condensation of some of the sworn affidavits, re]iorts, and state 
meiits on file in the United States district court. Many of the details of fraud are 
omitted for the sake of brevity. No rumors, surmises, or mere assertions are incorpor- 
ated. The names of some of the prominent persons making the affidavits are given 
with each parish. The parishes mentioned are only specimens where frauds have 
been already proven. The evidence regarding outrages in a large number of instances 
is not yet collected. 

THE FRAUDS IX CADDO PARISH. 

Population — White, 5,913; colored, 15,799. 

h'egistratiou — White, 1,549; colored, 3,1:9. 

Warmoth return— McEnery, 1,817 ; Kellogg, 1,57('. 

Affidavits — United States supervisors L. Logan, H. C. Logan, Legardy, Whitmore. 
Hamilton, Mr. Gilbert, and several hundred others, swear : 

The Mooriugsport box, at which 404 men voted, of whom 310 were colored republi- 
cans, was taken on election night into the house of one Hecox, from which the United 
States supervisor was ejected, and stutfcsd. Only eighteen republican ballots were 
allowed to remain. Intiuiidation was so rampant here on election day that the United 
States supervisor was thrown out of the voting-room, and only with the aid of a L^nited 
States soldier was enabled to stand at the wfndow aud perform his duty by taking the 
names of the voters as they entered. When he aud the squad of soldiers stationed 
there were leaving next morning they were followed by a crowd of Kn-Klux, and were 
fired into several times from the woods. Commissioner Hecox, .J. C Moucure, and A. 
H. Leonard are under heavy bonds for alleged connection with this aft'air. 

Every United States supervisor was intimidated. One, Mr. Whitmore, was violently 
ilriven from Harrison's store, and contracted sickness from exposure in fleeing for his 
life. A. H. Leonard dragged a colored man from the polls, saying, " Come away ; you 
can't vote here. You are going to vote against me." (;)ue Rogers drew a pistol on 
United States Deputy ilarshal Logan at the polls. One Harris threatened to kill some 
colored men for voting the radical ticket. 
^ Everywhere in the parish there was discrimination against republicans. At Har- 
' rison's store colored republicans did not dare to speak to a white repiiblican. At 
Shreveport the whites were all allowed to vote, but between (500 and 700 of the colored 
men who came to the polls were kt^pt back, aud did nor get to cast their ballots. At 
the closing of the polls, C. W. Keating took the names of :}63 of them who had stood there 
all day, and had not been allowed to vote. At Spring Ridge, after the white men had 
voted, the piocess of swearing every colored voter as to the correctness of his rcgistra- 
tioii papers was commenced, which so delayed the polling that large numbers of colored 
>-meu left for their homes unable to get in their votes.. Over KiO colored men were de- 
prived of an opportunity to vote at Camp Bell, by a similar trick. The affidavits of 
500 nien thus defrauded out of their votes in Caddo have already arrived. 

No notice of registration was given at several j)oiuts. At Nelson's School, five colored 
nu'ii who were first on the gronnd, were compelled to wait until seventy-three white 
men arrived, and were registered before tbey were served. 

Not half enough ballot-boxes were furnished. Two boxes were devoted to a thinly- 
settled, remote white neighborhood, polling together only 175 votes, and only four 
boxes to the bulk of the parish, containing upward of :{,000 votes, mostly colored. 
Only two hoses, instead of the usual five, were furnished in Shreveport. 

At the large republican precinct of Greenwood, no box was furnished at all. Many 
coloret) men weie compelled to walk forty miles to reach the nearest box. 

THE FRAUD.S IX RAl'IDES. 

Population— AVhite, 7,74''2 ; colored, 10,267. 

Registration— White, 1,011; colored, 990. 

Warmoth return— McEuery, 1.9(50: Kellogg, 1,169. 

Affidavits — Ex-governor J. Madison Wells, Hon. R. A. Hunter, now and for forty 



CONDITION OF AFFAIRS IN LOUISIANA. 125 

years a leadiiij;' doniocrat of the State ; District Jnd<^e Osborne, J. Madison Wells, jr., " 
Hon. J. B. Lott, Colonel Ilawley, M. Boisset, A. F. Lewis, and A. Bailio, swear: 

From 1,000 to l.oOt) republicans were illejjaily deprivcid of registration. Mr. Hnnter 
saw 200 of them attempt and fail to vote at one precinct. State Supervisor Ilooe 
wonld hide in his honse, and have colored men seeking' rej^istration, told he was gone/ 
to the conntry, while white men were hunted up, and all registered. Hnoe syste- 
nuvtically obstructed the registration of colored nu-u by Ijrow-beatiug and dodging 
them, and refusing to appear at the jjlaces and times he advertised to register. He 
would frequently make tlu; whites alternate Avith the colored men, until the whites 
gave out, and would then close the books, leaving a large colored surplus unregistered. 
He registered deuu)erats under age aiul uniuituralized foreigners. 

On election day tlie LTnited States supervisors were intimidated and not allowed to 
discharge their lawlul duties, and were driven from the ])resence of the ballot-boxes 
after the i)olls closed. The boxes were kept in the exclusive custody of the (Icmocrats. 
the lirst night. Then they were taken to Alexandria, locked for forty-eight luuirs iit 
Hooe's private room before they were counted, where, as Governor "Wells and other* 
positively swore, they were stulfed. 

At Raiulolph's Mill two sets of boxes, iu violation of law, were kept. In one Avere 
deposited the votes of those with new registration papers; in the other the votes of 
those registered iu l.-<70, which were in law as good as the new registration papers. 

Hooe was a. candidate for the legislature. 

In wresting the ballot-box from the presence of one of the United States supervisoj-s. 
he said he "intended to count the radicals out any way.'' 

Throughout, the federal and State election laws were both flagrantly violated. V. 

At Cotile, a number of colored voters, with registration pajjers of 1870, were illeti 
gaily rejected. -^ 

At Rai>ides poll a number of colored republicans were illegally rejected, on the aM 
leged gnmnd tliat their names were not on the list, although they had registratiou/ 
pa))ers indorsed by Hooe. : 

At Smith's ])oll a number of colored republicans were rejected, on the alleged grouud 
that the numbers on their certiticatea and the list did not tally. 

THE FKAUDS IN NATCIIITOCMES. 

Population— White, 7,312; colored, 10,921>. 

Registration — White, 1,486; colored. 1,87.5. 

Warnioth return — McEiiery, 1,250; Kellogg, 555. 

Atlidavits — United States Supervisors Tunard, Blackstone, Ezeruow, Lewis, and J. 
Coughlin. 

From 800 to 1,000 colored men were deprived of registration by the dodges 
vices of State Supervisor Piersou. The names of 103 he squarely refused to 
at the single precinct of Cloutierville are sworn to. He pretended to be out of blanks' 
at this and other points. In Natchitoches he kept a special door for whites to enter 
and be registered. Instead of the legal ten hours^ he frequently only registered cue 
hour or two a day. . ^*^ 

Piersou gave no notice whatever pi-evious to election day where the ballot-boxesA 
were to be located, but studiously concealed them from republicans, while ever^' dem- } 
ocrat was posted as to their whereabouts. The day before the election he told the f 
United States supervisctrs he had instructed the commissioners "to locate the boxes 
where they d — n please — under a pine tree, if necessary." The Bulali box was hid in 
an abandoned fodder shed in an old field some distance from Bulah. It was found' 
ab(mt noon by colored men, who tracked democrats through the woods to it. Previ- 
ous to its discovei'y. it is supposed to have been stuffed. A large number of colored 
men who offered to vote here after they found the box were downrightly refused. 
The Hawthorn box was also hid a mile from the usual place, aud was found iu a sim- 
ilar manntn-. The voting began before the legal hour, and it is supposed the box was 
stntfed. A number of duly registered republicans who did live iu that ward were 
rejected, on the alleged ground that they did not. One hundred aud eighty-eight 
colored men are sworn, who lived in the Sixth ward, but were rejected, on fhe alleged 
grouiui that they lived in another ward. Only three boxes were furnislied iu the 
country, and these were hid. Colored men, in many instances, had to come from,] 
twenty to forty miles to reach them, and then hunt them up. 

The United States su])ervisors were intimidated from discharging their duties, and 
would have been killed had tliey insisted on their ri^rhfs. In the town of Natchitoches\ 
the democrats were almost all arnu-d as special policemen, and, as otlicers of the law,! 
(•rowd<-d upward of 800 republicans fnun the polls, and ))reveuted them from voting.! 
Fifteen hundred and fifty colored and white republicans in this narish, who hid sue-/ 
ceedeil in registering, were dei>rived of an opportunity to vote. Throughout, tha Fed- 
eral aud State election laws were flagrautlv violated. 



1 and de-| 
regis terj 



126 CONDITION OF AFFAIRS IN LOUISIANA. 

THE I-RAl'DS IX EAST 15ATOX liOUGK. 

Population — White, G,471; colored, 11,343. 
Registration — White, 1,431; colored, l,fi37. 
AVariiioth return — MeEuery, 1,444; Kellogg, I.IGH. 

Altidavits — B. J. A'^ieuna, Commissioner Lane, United States Supervisors Husted, 
Fuller, Fornian, Smith, and Pages. 

Just Lhoo men, most all colored re])ulilieans, were deprived of registration in this 
parish. It was pretended the registration-books of 1870 had been destroyed, in order 
to have the opportunity to cut down the republican vote through the farce of an entire 
new registration. The registered vote of 1870 was 4,928; the re])nblican majority was 
1,482. Eradj', the State supervisor, so frittered away the time allotted for registration, 
^and obstructed, discriminated against, and squarely refused to register so many col- 
wed men, only 3,084 voters were registered altogether. Compelling the colored men 
to alternate with the whites until the whites were all registered, lie would suddenly 
discover he Avas out of blanks, close his books, and leave for another point, leaving a 
large crowd of colored men unregistered at each precinct. 

At the peril of their lives, the United States supervisors in the Second, Third, Fourth, 
Fifth. Sixth, and Seventh wards Avere intimidated and driven from the presence of the 
ballot-boxes, which were stuffed bj' the democratic commissioners during the night 
before bringing them to Baton Rouge. At the four boxes where the United States 
snpeivisors were not intimidated the State count agreed with the federal tally. 

G. yi. Husted, United States supervisor at Port Hudson, swears that while en route 
to I'atou Rouge <luring election-night, with State commissioner McKittrick, in a 
carriage, they weie halted by a mounted party of men. McKittrick got out and 
whisiiered with them. He then took the ballot-box out, Avith the party, into the 
Avoods, saying to Husted he Avas going no further that night. In a few minutes he 
returned and said he Avas going straight on to Baton Rouge. Husted then returned to 
Port Hudson. One hundred republican Avere replaced by one hundred democratic ballots, 
as appeared by comparing the State count Avith the federal tally. 

At poll No. 12 there was a '' i)eaceable," a "fair," and a "(juiet" election held. No 

one registered was rejected, and no stufiQug or fraudulent counting was done after- 

Avar(L .-/But at this same poll crowds with registration papers of 1870, perfectly \-alid, 

r\vere rejected. A number of young men who had come of age since 1870 Avere 

\rejected, and a number Avho never had an opportunity to register were also rejected. 

/ Two sets of boxes Avere kept, in defiance of law, in this parish. In the "regular" 

^box the votes of those holding papers under the new registration Avere deposited. In 

/ the "doubtful" box Avere placed the ballots of those applying to vote Avith registration 

; papers of 1870. But at most of the polls those with registration papers of 1870 were 

\ uot even allowed to place their ballots in these "doubtful" boxes, which were kept for 

\somc inexi)licable purpose. 

THE EUAUDS IX SAIXT MAHY. 

Poi)ulatiou— While, 4,203; colored, 9,(307. 

Registration — White, 1,150; colored, 2,203. 

Wnrmoth return — McEuery, 1,239; Kellogg, 1,3G7. 

AfTidavits — Hon. A. J. Syi)her and others swear: 

State supervisor White refus(;d to advertise the places and times of registration, or 
ilet his movements be known, thus depriving a large number of colored republicans of 
Lxn opjiortuuity to register. At ]ioll three there Avas illegal discrimination; colored 
len arriving lirst were kejit back until wliite men arrived later had A'oted. 

A numVier of legally registered and qualified colored A'oters were illegally rejected 
throughout the parish. 

The Ihiited States supervisors were intimidated and driven from the presence of the 
boxes after the cpitnting of the national A'ote. Had they resisted they Avould liaA'e 
been killed. The boxes Avere (hen relilled. and the democratic coterie, locked in 
the room, stuffed and counted them to suit themseU'es. Though the republicans 
carried the parish by 1,595 majority two years before, these democrats counted their 
parish ticket elected. 

friie polling-places were not announced previous to election day. Many colored men 
le ciimpelled to walk twenty miles, and then failed to find a poll. 

J HE FJIAIDS IX IJOSSIEH. 

Poi)ulatiou — White, 3,505; colored, 9,170. 

Registration — White, 587; colored, 1,79.^. 

AVarmoth return — McEuery, 953; Kellogg, 555. 

Affidavits — Judge Baker, M. Thomas, Percy Baker, iind 1,300 other voters SAvear: 

Wholesale intimidation Avas practiced throughout the parish. Tcnible threata 



CONDITION OF AFFAIKS IN LOUISIANA. 127 

\i'V(i undo to revive tbe fearful election massacre of four years ago, at ■\vhicli several* 
luiHlied colored nu'U were killed. The registered colored nuijority of 1,'iOd, to say 

lothiiig of the white repulilicans, was thus converted into a detnocratic majority of 
;;'J3. The affidavits of about 1,300 men deprived of a vote in this parish are on iile, 
A body of Ku-Klux, commissioned as constables, did the work. 

THE FKAUDS IN PLAQT'EMIXlilS. 

I^lpulati^>n— While, :r,703: colored, 9,84."). 

Kegistration — White, r)18; colored, 2,70:5. 

Warmotli return— :McEnery, 467; Kellogg, l,u;?4. "N 

Allidavits — The United States supervisor and 1,314 colored men who were deprived / 
ri the light to vote swear: _•' 

The overwhelming republican nuijority two years .ago of 2,338 in this f)arisli, where 
ahnost everybody votes the republican ticket, was cut down to 567 by simply refusing 
(he population an opportunity to register and vote. The nearest ]»olling-place to 
most of the voters wa>^ forty uiih^s distant. Each of the 1,:$14 allidavits details 
ont!;iges of this kind. 

I III: lUAUDS i.v ir.Hi;viM.i'. 

i'upulation — White, 3,()6;); colored, •^,67r). 

Kegistration — White, 743; colored, 3,303. 

W^armoth return threw out the whole parish. 

AiUdavits — The United States supervisors and others swear: 

The colored registered majority of 2,560 in this parish was completely annihilated by 
throwing out the whole iiarish, on the ground, forsooth, that the democrats had attempted 
to stuff 230 bogus ballots into the Bayon Goula box, and got caught at it. This was, 
at least, the only irregularity ever yet charged. This instance is worthy of especial 
note, in connection with the significant fact that the democrats contiued all their 
attempts at frauds to I'epublican parishes. The failure to carry a republican parish by 
stutiing the ballot-boxes is made the pretext by a democratic returning board for throw- 
ing out the vote of the parish. Thus, in either the failure or success of democratic 
frauds, the democrats were to be gainers and the republicans losers. 

THE FRAUDS IN POINTE COUPEE. 

Population — W'hite, 3,752; colored, 9,229. 

Registration— White, 1,070; colored, 2,710. 

Warmoth return — McEiiery, 1,142; Kellogg, 1,052. 

AtUdavits — United States supervisors B. Dayries, E.Eoubre, Iv.McGowan, W. Tiusly, 
L. Allen, and others, swear: 

The IJnited States supervisors were intimidated and driven from tlie presence of 
the boxes after the closing of the polls. When the voting was completed, their de- 
mand that the boxes be sealed according to law was disregarded. 

Almost every box was stuffed. At boxes 5 and 6, 460 republican and 63 democratic 
votes were cast. But after sleeping one night with the democratic clique, the 460 republi- 
can votes melted to 20. According to the affidavit of E. Eoubre, General B. B. Sims took 
box 2, after the voting, in a boat upon the Atchafayla, and with the aid of an accom- 
idished clerk, in less than one day, ''worked" the large republican majority down to 
Tlu^ neighborhood of nothing. One Harris, democratic candidate for the legislature, 
and others, took box 3 by force from the custody of the United States supervisors into 
a xnivato room. Some of the democrats kept a crowd of colored men at the door at 
bay. while others inside <[uickly reduced the 2.50 re])ublican ballots that had been ]nit 
into it to only 20. Just 220 republican and 35 democratic votes were put into box 4, 
but after one night in the exclusive company of democrats it shook out 235 democratic 
to only 20 republican votes. 

TIIK FRAUDS IN MADI.SON. 

Fopulatiou— White, tCifi ; colored, 7,663. 

Kegistration — White, 360, colored, 2,365. 

Warmoth return^McEncry, 828 ; Kellogg, 1,227. 

Afli<lavits — Mr. Moore, Mr. Murrell, A. B. Brown, J. Howard, and several hundred 
others, swear : . ^ 

The colored majority of 2,00.) was cut down to 390, partly by refusing to register^ 
without ])retext, a large ninnber of colored men, 163 of whom are already sworn to, 
aiul chiefly by stufhng the boxes. At every precinct the chief constables (commissioned 
Ku-Klux) drove the United States supervisors from the presence of the ballot-boxes. 
They \yero taken in exclusive possession by the accomplices of Cahoou, the State 
supervisor, stutled, and, in one instance, changed for another box during the night of 
The electi(m, and made to count out as above. Calioon is uuder bonds for this crime, 
:iud in awaiting his trial. 



128 CONDITION OF AP^FAIR8 IN LOUISIANA. 

THE FRAUDS IX ("rRANl. 

I'opulatiuu— AVhite, 2,078; colored, 2,414. 

Jleijistiatioii — White, 630; colnred, 776. 

Waruiotb return — McEnery, 514 ; KellojjiJ, 405. 

Affidavits— G. E. Brantiy, D. Brautlv, W. S. Calhoun, L. Wheeler, W^illiani Ward, 

fj. M. Wells, E. B. Flowers, swear : 
L. Wheeler and many other colored men were compelled to vote for Greeley, when 
they ^vauted to vote for Giant and the rei>uljlican State ticket. No man can vote the 
republican ticket and live in Wheeler's neighborhood. From 250 to oOO colored men in 
the parish were deynived of their votes through intimidation. 
The registration began seven days behind the legal time, and every colored man. old 
and young, was made to prove liis age before he was registered. 

Tli(> Gorie's box was wrested from the presence of United States Su])ervisors Flowers 
and Wells, kept in a private residence all night, and showed next day unmistakable 
signs of having been broken open, stntied, and blunderingly repaired. A hole was left 
through which to stnlf additional bogus ballots if uecessa>y to carry the parish. 

In counting the ballots at Colfax the democratic commissioner would take two l«:il- 
lots at a time, and placing the democratic one on top, would only count it. 

AUSCELLAXKOUS FRAUDS. 

In Ji'ff'crKO II. —The United States supervisors at Camp Parapet swear that 607 ballots 
were put in the box, over .500 of which were rei)ublican ballots, of a peculiar device, 
designed by Hon. Charles W. Lowell. The State commissioners themselves swear that 
over four-tifths of the votes cast were republican ballots of this peculiar device, but 
that when the box was subse(iuently opened it contained 555 straight liberal ballots 
that were not cast on election day, and had nnfjuesf ionably been stuffed in. Even the 
State snpeivisDr of tiie parish, on opening the box, exchiimed : "Here is a palpable 
fraud!" 

In Jackson. — The rei)ublieans there were shamefully intimidated. One Bishop is 
under ^10,000 bonds for participating in this business. 

After counting the national votes the federal supervisors were lired upon; two were 
shot and wounded, and all compelled to dee in order that the ballot-boxes might be 
stuH'ed without molestation. 

Jii SI. Laiidrij. — I'uited States Supervisor E. L. Andrew swears he was intimidated 
&om performing his lawful duty. Some iive hundred men were compelled to vote the 
/democratic ticket on pain of a repetition of the terrible massacre of 18od. About 1,500, 
\Uy the same sort of intimidation, were deterred from voting. 

7^ In Livini/sloii. — Tlie shooting of one colored man and the wounding of another by 
/democrats intimidated the colored republicans from voting to a great extent. 
^ In Lafourche. — Thirteen democrats under age were registered and permitted to vote. 
Sixty-one democrats registered and voted twice ; t(m of them had the same nutuber 
and name, and lifty-one had the same number but different names (»u their double cer- 
titicates, as was ]noven by coui})arison of United Statt-s supervisor's table with State 
lists after election. Thirty-three tictitious democratic ballots were detected in the 
'joxes which were never voted. There were at l,;ast one hundred and lifty of this kind. 

In Webster parish all the Unitetl States supervisors were intimidated. Fifty colored 
men were intimidated from voting at poll six by threats of their employer? to discharge 
them. Mr. J. Kowan, president of a republican club, was arrested i>y the chief con- 
stable on election day for trying to prevent spurious rei>nblican tickets from being 
Ijalnied oft" on the members of his club by democrats. Fearing to vote at their own 
rprecincts, some colored men slip])ed away to Minden. but were followed, threatened 
Viud intimidated by their employers. A man named Branch dragged his colored ser- 
vant by the arm to the polls and compelled him, though begging and .shedding tears, 
to deposit a diMiiocratic ballot. J. M. Waggener, United Statessupervisor at Slungalba, 
was fiercely threatened with death if he followed the box to Minden. F. S. Heath 
swears box one, ward one, in exclusive charge of democrats, was brought to Minden 
unsealed, ami his piotest against counting it, on the ground that it had been sturted. 
was overrnle(l. At box one, ward six. United States Supervisor Lewis swore voting be- 
gan before the lawful hour in a box which the democrats refused to Itjt him examine 
to see that it was not stuffed in advance. At eleven the contents of this box were emp- 
tied into another, snpi)osed also to be stuffed, which lu" was likewise not i>ermitted to 
examine. The tally of Mr. Lewis showed four huiulrecf and five republican to (me hun- 
dred and seventy-five democratic votes cast, but the democratic count produced a dem- 
ocratic majority. 

F. S. Heath swears to the names often democr.its wlio voted, but who were not reg- 
istered until four days after the election. 

Ill Ten ebon lie.— Suite Supervisor Stokes counted eight boxes, and tliey turned out 
such heavy republican majorities that seeing no chance to stuff the renniining boxes, 
he left in the night and resigned, thus giving the Warmoth returning-board a i>retcxt 



CONDITION OF AFFAIRS IN LOUISIANA. 129 

to throw out a large repulilican parish, on the ground that the supervisor did uot count 
the vot<-s. 

In Catahoula. — Mr. J. J. Randolph, an old citizen, swears the registration did not 
begin until nineteen days behind the legal time, and that thus from 400 to (iOO colored 
republicans were denied registration. "s^j--- - 

111 JViiiii. — D. Bnintly says he was intimidated from making a republican speech m 
Winn ; that the colored men were overawed, and afraid to cast their votes for the can^ 
didates of their choice. ""a 

//( WcsLliaioH Rouge. — The registered republican majority of 464 was overcome by a J 
consjiiracy between the democrats and T. T. Allain, a United States supervisor, byj 
■which democratic tickets were palmed oti"upon ignorant colored voters for republican/ 
tickets. ^ 

In Union. — The intimidation so grossly practiced two and four years ago was to a 
great extent repeated. A number of voters swear they were driven from the Downs- 
ville jxill. There were 78:} coloriid and upwards of HO white votiu-s on the rolls of the 
rt'pnblicau clubs, every one of whom intended to vote the republican ticket, yet only 
4^L> votes were counted out for that party. After the congressioual and electoral votes 
had been counted, the boxes were sealed up, an<l, it is averred, were closed before the 
counting of the State vote, from which the Federal commissioners were excluded, in de- 
fiance of their protest. The democrats boast that they deceived 200 colored voters in 
this parish with counterfeit tickets. 

I}i (laibnnie. — Mr. Scott was Warnutth's supervisor, and swears no legal election was 
held in Claiborne. A ]>arty nanu'd Simmons had been appointed to supersede Scott, 
but too late to get legal possession of the otiice. Without poll-l)ooks, without legally"*^ 
designated polling-i)laces or commissioners, Simmons and the democratic mob held an t 
election in defiance of every legal formality. Mr. Scott was intimidated from attempt- y 
iug to hold the legal election by threats of riot. -^ 

lu St. Ihlcua. — Sworn evidence is on tile that W. S. Lee, J. Royes, B. Quiun, and M. 
Lee stullV<l the Ijoxcs in St. Helena with democratic ballots. 

H. P. Womock, J. Rogers, and 13. Quinn are under heavy bonds for ku-kluxing and 
intimidating colored republicans. A. Kemp is also under bonds for belonging to the / 
Ku-Klux, and assaulting, to kill, a republican. 

In St. Tanuiiauif. — Thompson, Morton, Nicau, and Brodly are each under $."i,000 bond 
for intimidating United States supervisor and republican voters ; an attempt to drive 
the Federal supervisors from their posts having failed because the State supervisor re- 
fused to count the vofe at all if he had to count it in their presence. Thus he gave a 
l)retext to the Warmoth board to throw the parish out with its republican uuijority. 
Weenis is under bonds for refusing to register a number of legally' qualified colored 
voters. 

In SI. Martin. — The election was fair, peaceable, and quiet, but was thrown out by the 
Warmoth board evidently because it went republican, and to give the denujcratic 
governor, elected by such tricks, a chance to apixiiut the defeated democratic candi- 
dates to tin; parish offices to which the people refused to elect tiiem. 

In Iberia. — There was uot the whisper of fraud on either side. It vi'as unquestion- 
ably thrown out for the same n^ason that St. Martin was. 

«S7. Jmncs.—'Sh-. F. L. King, of New Orleans, swore that State Registrar B. P. Blanch- 
ard, T. Connell, Miles Sharkey, ./. C. Golding, and Dr. Stephens conspired, about the 
twenty-fifth of October, to defraud the voters of St. Januis ; that they suppressed and 
failed to make true returns; that at two polls they changed aiul altered the ballots, 
and caused to be prejiared four l>allot-boxes to be usecl and stuffed. Because democrats 
committed these frauds themselves, this board threw out this parish with its 1,637 
republican majority of two years ago. 

THE FRAUDS IN NEW ORLEANS. 

The frauds committed in the city have uot yet been gathered together. Suffice it for 
the present to call attention to a few facts. St. Louis, at the late election, with a i)op- 
ulation of HKi.OOO, on a full vote ])olled 36,000 votes. New Orleans, we are told, ])olled 
on the same day :»H,000 also, although her population is only 191,000, or less than two- 
thirds that of St. Luiis. Here is a strong indication that over 12,000 of the 3(!,000 
votes cast in this city were cast by repeaters upon fraudulent registrath>u papers. 
Much proof is already at hand to eoniirm this supposition. The letter of Blanch.ird to 
Hon. S. B. Packard, ]>erem[)torily refusing to appoint any republican connnissioners, 
points in that diiecri(Ui. Some nu'u have been caught voting as high as sevi-nteeu 
tinu-s. One hundred and twenty-six registration pai)ers have Vx^en detected which 
■were issiu'd for one small house in the Sixth ward. Just before the election Blanchard 
published a long list of liundreds of colored republicans whom he charged with fraud- 
ulent njgistration, as thouiih such tilings were possinle with everything in tlie hands 
of the democrat.s, notifying tliem to show cause why tht;ir names should not be erased. 
Of course they couitl not I'ead, did not see the notice, did not come, and they W'-rt; dis- 
franchised. Democratic tickets, with Burke's name for Administrator of Improvements, 

H. Ex. 91 9 



130 



CONDITION OF AFFAIRS IN LOUISIANA. 



were priuterl for stuffing purposes after the election, by R. H. Benners, on Camp street, 
acconliiij;- to sworn examinations on file. So nntrustwortby were the persons having 
charge of flections in the city, that tlie reformers admit tlieir candidates wonld have 
been swindled ont of the offices to wbieh they were elected but for the aid of the 
Federal supervisors. Other and abundant proof of frauds in the city is now being col- 
lected. They consist mostly in the issuing of fraudulent registration papers, wliicli 
were voted by repeater.s, unnaturalized foreigners, and minors, and are consequently 
difficult and slow of detection. 



DOCUMKNT D. 

Tahle showhig the irhUc and colored voters — re(jidration of 1872. 



Parish. 



Ascension 

Assumption 

Avoyelles 

East Baton Rouge... 
West Baton Rouge . . 

Bossier 

Bienville 

Calcasieu 

Catahoula 

Concordia 

Caddo 

Caldwell 

Carroll 

Claiborne — 

De Soto 

East Feliciana 

West Feliciana 

Grant 

Iberia 

Iberville 

.Jackson 

.leiferson, right bank 

Livingston 

Lafourcbe 

Morehouse 

Madison 

Natchitoches 

Ouachita 

Plaqnennnes 

Pointe Coupee , 

Rapides 

Red River 

Richland 

Saint Bernard 

Saint Charles 

Saint James 

Saint .lolin 

Saint Landry 

Saint Mary 

Saint Martin 

Tangipahoa 

Terre Bonne 

Tensas 

Winn 

Vermillion 

Vernon 

Webster 

Winn 



White. Colored. 



1,511 


3, 014 


1,874 


2, 169 


1,794 


2.208 


1,431 


1,500 


397 


861 


587 


1,795 


920 


713 


729 


139 


1,010 


1,107 


296 


2, 526 


1.549 


3, 139 


544 


586 


718 


1,910 


1,.377 


1,298 


821 


1,303 


1. 100 


2, 351 


590 


2, 215 


(i30 


776 


1.149 


1 . 263 


743 


3. 303 


1.110 


816 


550 


1,440 


760 


225 


1.704 


1,S71 


737 


1,35S 


360 


2, 365 


1,486 


1,875 


912 


1.630 


518 


2, 703 


1.070 


2, 710 


1,011 


990 


441 


96t) 


599 


644 


308 


401 


;u)o 


1,8,50 


(i58 


2, 068 


817 


1,717 


3, 358 


4, 000 


1, 150 


2, 203 


1,038 


1,019 


919 


618 


1.201 


1,608 


386 


3,146 


1.832 


876 


845 


26S 


457 


194 


848 


86() 


758 


132 


45, 909 


74, 735 



The above table exhibits the registration outside the parish of Orleans, except as to 
the unascertained figure of the parishes of Cameron, Franklin, Sabine, and Washington. 



CONDITION OF AFFAIRS IN LOUISIANA. 161 

According to the returns in the recent election, these four parishes would reduce the 
republican aggregate 1,077, the fnsioni.sts having cast 1,768 and the repuVdicans 691 
votes. As to the parish of Orleans, the registration books exhibit no registration 
figures on the basis of color, and theTusiou ticket was returned elected by about 9,000 
niajorit}'. 



DOCCMEXT E. 

REGISTRATION ACT OF LOUISIANA. 

No. 99. 

AX ACT to provide for the revision .and corri'ctioii of tlie lists of renistered voters of the State, tljo 
.Tppoiiitiiieut of tlie various officers ncressary therefor, ami to presciibe tlie duties, powers, and com- 
pensation of tlie same; to pieseiihe certain (Uities for the sextons of the ceineteiies of New Orleans; 
to jireserihe the penalties for the viohition of the law, and to provide for a new registration in certain 
parishes and wards. 

Sectiox 1. Be it enacted hij the senate and house of representatives of the State of Louisiana 
in general assemhhi convened, That the governor, by and with the advice and consent of 
the senate, shall, upon the passage hf this act, and every two years thereafter, ai^point 
a person to be kuowu as State registrar of voters, who shall hold his ottice for two years 
from the date of his appointment. The State registrar of voters shall be the supervisor 
of registration for the i)arish of Orleans, and as such shall perform all the duties and 
exercise all the powers herein prescribed for the supervisor of registration in a parish. 

Skc. 2. Be it further enacted, tj'c.. That the said State registrar of voters, before enter- 
ing u])on the duties of his office, shall take and subscribe to the oath required for State 
officers, and give bond, with good and solvent security, to the governor of the State in 
the sum often thousand dollars for the faithful performance of his duties. 

Sec 3. Be it further enacted, 4'c. That the salary of the State registrar of voters shall 
be three thousand dollars per annum, payable quarterly, out of the State treasury, upon 
his own warrant. 

Skc. 4. Be it further enacted, 4-c., That the State registrar of voters shall keep his 
office open every day in the year (Sundays and legal holidays excepted) until further 
provided. The State registrar of voters shall, with the approval of the State treasurer 
and finance committee of the senate, rent a suitable office in the city of New Orleans, 
of which he shall give due notice to the auditor of public accounts. The supervisors 
of registration for the parishes of Orleans and Jefferson are empowered to rent or hire 
such offices as may be necessary for the registration of the ([ualified voters, with the 
approval of the State treasurer and the tinance committee of the senate, of which they 
shall give due notice to the auditor of public accounts. . All accounts for rent herein 
l)rovided for shall be written in detail, giving the time occupied and the amount of 
rent per month, which account shall be certified under oath by the supervisor of regis- 
tration of the parish as true and correct, aud approved by the State registrar of voters, 
the treasurer of the State, and the governor; and upon presentation of any such 
account, so certified and approved, the auditor of public accounts shall issue his war- 
rant for the sum named therein upon the State treasurer, payable out of the funds 
appropriated for the expenses of the revision of the next registration and election. He 
shall have one clerk, who shall receive a compensation of fifteen hundred dollars per 
annum, jiayable ([uarterly, upon liis own warrant, approved by the State registrar. 

Skc. 5. Be it further enacted, i)V., That tlie registration records of the State, at present 
in the office of the secretary of state, shall be transferred to the office of State registrar 
of voters as soon as said officer shall have been appointed and duly qualified, and said 
records shall remain in his possession for the purpose of correcting and revising the 
registration. 

Sec. (J. Be it further enacted, <fc., That it shall be the duty of the sexton of each ceme- 
tery in the parishes of Orleans and Jefferson to deliver, " within thirty days after the 
passage of this act, a list of tin- names, ages, and late residences of all males over 
twenty-one years of agti who have been interred in their respective cemeteries since 
the twenty-fourth day of October, eighteen hundred and sixty-eight, aud also," ou or 
before the fifth day of each month, at the office of the State registrar of voters, a list of 
the names, ages and late residences of all males over twenty-one years of age who have 
been interred in their respective cemeteries during the preceding month, and in the 
event of any such sexton failing or neglecting to so do, he shall be liable to a fine of 
twenty-five dollars, to be recovered before any court of competent jurisdiction, for the 
benefit of the Charitv Hospital. 

Sec. 7. Be it further enacted, Jf-c., That it shall be the duty of the State registrar of 
voters to erase from the list of registered voters the names of all persons reported by 
the sextons of the several cemeteries of the parishes of Orleans and .Jefferson as de- 



132 CONDITION OF AFFAIRS IX LOUISIANA. 

ceased, and the names of any persons avIio shall Ite proven in the manner hereinafter 
to be establislied to have been frandnlcntly registered in such i)arishes. 

Skc. H. J>c it further tnacted, ifr., Tliat it shall be the duty of the State registrar of 
■voters to cause to l)e furnished, at the expense of the State, all such books, paper, and 
blanks as may be necessary to enal)le tlje supervisors of registration to i»roi)erly per- 
form their duties in a uniform and regular manner. 

Sec. 9. Be it furthe; evaded, </-c., That it shall be the duty of the State registrar of 
voters to submit to the general asseiidily, each year, 'oithin ten days after the commence- 
ment of its session, a full and detailed report of the work of registration for the past 
year, showing the numbei- registered, the number of native and foreign born, how many 
sign their name and make their mai k ; also, a detailed statement, showing the nund^er 
of names stricken from the list of voters, with their nationality, and such other par- 
ticulars as may be desirable for the information of the general assembly. 

Si;c. 10. I'e it further enacted, tj-c. That upon the passage of this act the registry- 
books for the parish of Orleans shall l)e d<'posited in theoftice of the State registrar of 
voters, and the registry-books for each of the other parishes in the State shall be depos- 
ited in tlie ottice of the district clerk of tlie court of the parish; and said clerk sliall 
deliver the books to the person who may be ai>])ointed supervisor of registration for 
the parish, when so requested ; and during the time sail registration books shall re- 
main in the custody of said clerk, he shall be responsible for their safe-keeping, and 
shall not permit the name of any person to be added to or erased from the list of said 
reo'istered voters, under a penalty of five hundred (hdlars for each offense, recoverable 
before any court of competent jurisdiction, one-half to go to the informer and the other 
half to the school-fund of the jjarish. 

Si;c. 11. Be it further enacted, .Jc., That the governor shall, six months previous to 
any general election, appoint in each parish of the State, except the parish of Orleans, 
ODe supervisor ot registration, who shall hold his office for two years from the date of 
his appointment. The clerk of the court shall deli \er to said supervisor of legistratiou 
the books of registration delivered to him by the last su))ers-is(>r of registration. 

Skc. 12. Be it further enacted, cj'c. That it shall be the duty of the supervisors of each 
of the jiarishes of the State, a])pointid as aforesaid, to cause to be registered every 
qualified elector in their respective i)arishes, witlnnit expense to the elector, and in 
such manner as to show separately the number of qualified electors in each police-jury 
ward of their respective parishes. That said supervisors are hereby authorized to go 
from place to place, besides keeping the necessary offices, and to render every facility 
to the qualified electors, and to take care that all who are qualified to vote shall be 
registered. 

Sec. l:^. Be it farther enacted, iff.. That two months previous to any general election 
the supervisors of registration for the parishes of Orleans and Jetfersou shall each ap- 
point, for his respective parish, one assistant supervisor of registration for each ward 
in the city of New Orleans, one for the city of Jefferson, one for the remaining ]iart of 
the parish of Jefferson on the left baidc of the Mississippi, one for the remaining ])art 
of the sann^ ])arish on the right bank of the Mississippi River, and one for the right 
bank of Orleans. The term of office for such assistant supervisors of registratn)n .shall 
not continue beyond the day of tlie general election aforesaid. Such assistant super- 
visors shall have generally tlie same poweis and perform the same duties, subject to 
the directiim of the sujiervisors of registration of their resjiective parishes, as are 
herein ]nescribed for supervisors of registration, and shall perform such other duties as 
are hereinafter prescribed. 

Sec. 14. Be it further enacted, tfr., That the officers appointed under this act, bebn-e 
entering upon their respective duties, shall si^verally make and subscribe an affidavit 
before a justice of the ])eace, or some other officers duly authorized to administer oaths 
or affirmations, that they will iierform their duties with fidelity, and will, to the best 
of their ability, maintain and protect the rights of all qualified electors within their 
resjiectivc election precincts, ami will expose all attempts and combinations, that may 
come to their notice, to ]>rocure the fraudulent registering of ])ersons who are not ((uali- 
fied electins, within their respective ])recincts. or to jtrocnre the fraudulent votes to be 
polled at the succeeding election, and shall also each take the oath of office and of eligi- 
bility prescribed ibr State officers. 

iSi.c. 1-). Be it further enncled, .jc, That the supervisor of registration for each parish, 
except the parishes of Orleans an(i Jefferson, shall open his ollfice on the first Monday 
in Sei)tember before each general election. In the i)arish of Jefferson the su])ervisor of 
registration shall oj>en his office on the first Monday in Se|iteiiil>er before the general 
election. The assistant supervisms of registration, in the jiarishes of Orleans and 
JclVerson, shall o]>en their offices in their respective wards and localities on the first 
^Mniidny in Septendier, before each general electiou, at such ])Iaees as the sni)ervisor of 
registration for the ])arish may designate. Said offices shall be kejtt oi)en to all persons 
claiming to be registered or (|ualified elect<n-s until the ninth day before each general 
election. Each su]tervisor and assistant supervisor of registration shall atteml at his 
oflice, for the purpose of revising and correcting the registry of voters, from 7 o'clock 



CONDITION OF AFFAIRS IN LOUISIANA. 133 

a. m. until 12 o'clock m., and from 2 o'clock until 7 o'clock p. m., each day, from the 
time tixed hy law for the opening;- of the offices of registration until the close thereof. 

Si>;c. 10. lie it fniilicr enacted, .fc, That each supervisor of registration and assistant 
supervisor of registration shall receive as compensation seven dollars per day for each 
day he shall discharge the duties of his office, from the time at which he shall open his 
ohice until the time when he shall cou)i)Iete his statement of the election. Each super- 
visor and assistant supervisor of registration shall make out a sixcific account for his 
com|)ensatiou, sworn to and subscribed by him, which shall be appended to an authen- 
ticated copy of his appointment. Said account shall be examined, and, if correct, ap- 
proved by the governor, and the auditor of public accounts shall, upon presentation 
thereof, issue his warrant upon the State treasurer for the sum named therein, payable 
out of any funds in the State treasury not otherwise apiiropriated : Provided, That no 
supervisor of registration shall receive any compensation for his services until he has 
complied with the provisions of this act. 

Sec. 17. Be it further enacted, cfc, Tliat each supervisor of registration and assistant 
sui)ervisor of registration shall have one clerk, who sliall receive, as compensation, iive 
dollars per day for the time he is actually employed ; ut)t to exceed the length of time 
for which fhe supervisor or assistant supervisor of registration for the parish or ward 
may receive pay. 

Skc. 18. Be it further enacted, 4'c., That any supervisor or assistant supervisor of regis- 
tration who shall swear to a false account shall be deemed guilty of perjury, and upon 
conviction thereof shall be subject to the pains and penalties by law provided for 
perjury. 

Skc. 19. Be it further enacted, cf-c. That it shall be the duty of the supervisor of regis- 
tration for each parish, when he opens his office, to take up the registration-book he 
has received from the clerk of the district court and proceed to an immediate revision 
of the same, by striking therefrom the name of every })erson who known by him to 
have died (jr removed from his parish since the last previous registration, or wliose 
death or removal from the same shall be nmde known to him ; and upon the applica- 
tion of any qualified voter, who shall be known by him to have nu)ved into the parish 
since the last previous registration, or whose removal into the same shall be or shall 
have been made known to him, to add the names of such voters to the registration- 
book. In the parishes of Orleans and Jefferson, during the time the work of revision 
is going on, the supervisor of registration shall visit, or cause to be visited, every 
dweliing-iiouse in his ward, and make careful inquiry if any person whose name is on 
his list has died or removed from the ward, and if so he shall take his name therefrom ; 
or whetlier any qualified voter resides theieiu whose name is not on his list, and if so he 
shall add the same therelo ; and the supervisor of registration sliall in all cases ascer- 
tain by inquiry upon what ground the person so registered claims to be a voter. Upon 
the completion of the revision of the list of qualified voters it shall be the duty of the 
assistant supervisors of registration to make out a list in alphabetical order of the 
qualified voters in the ward, city, town, or precinct of which he is the assistant super- 
visor of registration, and opposite each of said names state whether said voter is or is 
not a houstikeeper, and if he is, the number of his residence, in towns where the same 
are numlxued, with the street, alley, or court in which situated, and if in a town 
where there are no numbers, the name of the street, alley, or court on which said 
house fronts, also the occupation of the person, and, wiiere he is not a housekeeper, 
the occu])ation, place of boarding, and with whom. Where any pei'son claims to be 
registered by reason of naturalization, he shall exhibit his certificate thereof to the 
sui)ervisor of registr;ition, and in all cases where the person has lieen naturalized, the 
name sliall be marked " N,"' and if the person has removed into the parish to reside 
since the hist election, the letter " R" shall be placed opi)osite the name. 

Skc. 20. Be it further enacted, tj'r.. That before each and every parish, city, town, or 
ward election, otiier than the general election, the supervisor of registration for the par- 
ish in which such election shall bi^ held shall open the office for the purpose of revising 
tlie list of registered voters, by adding thereto the names of all qualified electors who may 
have become such since the last revision of the registration, and of striking therefrom 
the names of all persons who may liave ceased to be qualified electors of such parish, 
and such revision of registration shall be conducted in the same manner and sul>ject 
to the same provisions as are herein laid down for the revision of registration before 
the general elections, exce[)t as to time. In the city of New Orleans the offices of regis- 
tration shall be open fifty days, commencing sixty days before any such election. In 
the city of Jetfersou the offices of registration shall be open twenty days, commencing 
thirty days before such election. In all other parts of the parishes of Orleans and Jef- 
ferson, and in each parish, except tlie parishes of Orleans and Jefferson, the offices of 
registration shall be open, commencing twenty days before such election. All offices 
of registration shall close nine days l)efore any election, and on the fourth Monday in 
August before the holding of any general election, and Ixd'ore the beginning of any 
revision of the registry, prior to any special election, and regularly therefrom until 
the closing of the books of registration therefor, the supervisors of registration iu the 



134 CONDITION OF AFFAIRS IN LOUISIANA. 

?aid parishes shall give notice by publication to all -voters who are not registererl, aiul 
desire to be registered, to come forward and cause the same to be done ; and shall give 
notice, also, to all registered voters who have changed their places of residence since they 
were registered to appear and have their present places of residence, or those they 
will occupy at the time of the election, noted on the books of registry and on tiieir 
certiticat<! of registry, which notice, giving the hours and places of appearing, shall be 
published in two newspapers in the parish, if there be more than one, and jiosted af as 
many pul)lic places iu the parish as is reasonably practicable, and in New Orleans shall 
be continuously published in English at least iu three daily newsi»apers, and iu cue each 
in Frencli and iu German. 

Sec. 21. lie it further enacted, cj-c, That the respective supervisors and assistant super- 
visors of registration shall have each the i)o\ver to administer oaths to any person 
claiming the right to be registered, or in regard to any otlit^r matter or thing required 
to be done or inquired into by any of said olHcers under this act; and any willful false 
swearing by any person, iu relation to any matter or thing concerning which they shall 
be interrogated by auy of said otticers, shall be pnuishel as perjury. 

Skc. 22. />'<; if further enacted, 4'C-, That every jiersou of foreign birth, claiming a right 
to be registered, shall, iu addition to the jjroof of I'esidence, prove that lie has been 
naturalized confornial)ly to the laws of the United States; aud, as evidence thereof, he 
.shall produce a certificate of naturalization, under tlie seal of the court in which nat- 
uralization took )dace, duly attested by the clerk of said court in his own proper hand- 
writing, and shall jtrove by the oath of a (lualitied eh^ctor of the election precinct that 
he is tlu> jxTsou mimed in the said certificate, and the person to whom it was issued; 
and shall further answer upon oath, to the satisfaction of the supervisor or assistant 
super\isor of registration before whom the said certificate may be i)ro(lnced, when and 
where he was Ixu'u, aud when and where he obtained the certificate, and from whom; 
aud the said c(n'tificate shall not be evidence that the person presenting it is a natural- 
ized citizen unless his answers be consistent with the facts certified, aud the proof of 
his ideniity be satisfactory to the supervisor or assistant supervisor of registration ; 
and upon such proof being made to the satisfaction of the sui)ervisor or assistant super- 
visor of registration, but not otherwise, he shall register tlie name of the claiuiant on 
the registration-books, and shall stamp or write on the said certificate of naturalization 
the word "registered," with the munber and precinct of the ward or parish and the 
date of registry. 

Skc. 2:5. lie it further enacted, i.^-c., That the supervisor of registration for the parish 
shall carefully examine the registration-books-, and if upon due inquiry and investiga- 
tion he shall find the luxme or names of any ])erson or i)ersous therein, not entitled to 
vote in liis ])aiish at the next election, he shall strike the name of every sucli i)ei'S()n 
therefrom by drawing a line in red ink through the same; but the name of no jierson 
shall be strickcm from any registrati<ni-liook in his absence, except unou the testimony 
of at least two reputable citizens, qualified electors of the parish, whose names appear 
Tipon the said registration-books, to be given niider oath or afiirmation, that such a 
l)erson is not a resident of the precint or parish, or is otherwise disipialified V)y law from 
A'oting at said election ; and tiie said sui)ervisor of registration shall also examine and 
revise the book of registratidu of his parish, and sliall strike therefroui the names of 
all persons who are not residing in the. parish or precinct on the tenth day before the 
election, and the names remaining on the said book of registration, as corrected by the 
supervisor of registration as aforesaid, shall constitute the registry of citizens qualified 
to vote in the said parish at the next election. 

Sec. 24. Be if further enacted, t^r., That the said book of registration shall be the only 
evidence that the persons whose naiu(>s are found therein have resided for ten days im- 
mediately preceding the said election in the sai<l parish. 

Si:c. 2.'). He it further enacted, 4'r., That the registration of the voters of this State 
.shall he closed nine days previous to any election ; aud it shall be the duty of the super- 
visor of registration, in every parish in this State, to make out and furnish certified 
copies of the lists of the registered voters, provided for in section eighteen, to the com- 
uiissioners of election of each ))recinct or ])olling-place, to be used at the election or 
elections to be InOd tiiereiu ; and tiie failure of the supervisor of registration to furnish 
such copies of the list of registered voters before the hour of o|i<-ning the polls, shall 
suiiject such delinquent supervisors of r(>gistration to a fine of not less than one hundred 
nor more than fivi^ hundred dollars, to be recovered for the use of the parish iu which 
the failure to p(Hform the duty occurred, to be sued for in the name of the parish; and 
it shall be the duty of the distiict attorney pro tempore of such parish to institute any 
suit, whenever any such dcliiuiueiicy shall bi^ brought to his knowledge by any com- 
missioner of th(^ election, or when it is known to himself 

Sec. 2(i. He it furtlur enacted, 4'''., That the supervisor of registration of each parish 
.shall keep his oftiee, exet^pt in the iiarish of Orleans, at the court-house of the j»arish, 
and may establish such places for the registration of voters other than the court-hou.se, 
not exceeding five iu number, as may be necessary to enable electors to register with 
as litrle inconvenience as possible : and in all cases publication of the ofiices of regis- 



CONDITION OF AFFAIRS IN LOUISIANA. 135 

tration, as selected by the supervisors of registration, ishall bo made for thirty days iu 
the official journal. In the parishes of Orleans and Jefferson, the supervisor of regis- 
t ration shall establish offices at such places as will facilitate the rej;;isterins«- of voters 
as far as itossible. The supervisor of registration for each parish shall require every 
person, before he is registered as a voter, to take and sul)scribe any of the following 
affidavits, as the case may require, and the supervisor of registration la hereby author- 
ized to administer said oaths: 

I, , do solemnly swear (or affirm, as the case may be) that I am tWenty-one 

years of age, was born (or naturalized, as the case may be) in the United States, and 
am subject to the jurisdiction thereof, and have been a resident of the State of Louisiana 

since tlie day of , and a resident of this parish since the day of ■ ■ ■ ■■ . 

and that I am not disfranchised for any of the causes stated in the first paragraph of 
article ninety-nine of the constitution of this State. 

And I do further solemnly swear (or affirm, as the case may be) that I did not hold 
any office, civil or military, for on<! year or more, under the organization styled "the 
Confederate States of America;" that I never registered myself as an enemy of the 
United States ; that I never acted as leader of guerrilla bauds during the late rebellion ; 
that I never, in the advocacy of treason, wrote or published newspai)pr articles or 
l)reached sermons during the late rebellion ; that 1 never voted for or signed an ordi- 
nance of secession in any State. 

The last paragrax)h of the above affidavit shall be dispensed with where the persou 
applying for registration shall produce and exhibit to the supervisor of registration the 
certificate of the secretary of state, showing that he has relieved himself from the dis- 
ability contained in the clauses of said affidavit, by voluntarily writing and signing a 
certificate setting forth that he acknowledges the late rebellion to have been morally 
and politically wrong, and that he regrets any aid and comfort he may have given it, 
and show ing that such certificate has been filed in the office of the secretary of state, 
and been published in the official journal, as is requii'ed by article ninety-nine of the 
constitution, and tin; act of the general assembly, prescribing the necessary forms for 
such eertiiicate, and the registry and publication thereof. 

The taking and subscribing the affidavits required by the preceding pai"t of this sec- 
tion shall not prevent the supervisor of registration from receiving other evidence, 
showing that the party applying for registration is not entitled to register; and they 
shall have a right to examine, under oath, to be administered by themselves, or other 
competent authcnity, any witness to prove any fact pertinent to the right of any one to 
register, and shall decide from the evidence whether the party so applying is entitled 
to register. That if any person applying to register claims to he relieved from the dis- 
abilities contained in th(? second clause of the aforesaid affidavit, under the proviso to 
article ninety-nine of the constitution, he shall be required to take and subscribe the 
following affidavit, and thereupon he shall be admitted to registration : 

I, , do solemnly swear (or affirm, as the case may be) that, prior to the first day 

of Januar\-, eighteen hundred and sixty-eight, I favored the execution of the laws of 
the United States, popularly known as the reconstruction acts of Congress, and openly 
and actively assisted the loyal mea of the State in their efforts to restore Louisiana 
to her position in the Union. 

Any person wlio shall swear felsely to any one of the foregoing affidavits, or any 
clause thereof, shall be deemed guilty of perjury, and on conviction thereof shall be 
punished as prescribed by law. 

Skc. 27. Be it fiirfhcr exacted, SfC, That it shall be the duty of the supervisor of re- 
gistration, in adding to the registry of voters, to record in a good sul)sf autial boolv, pre- 
pared for the purpose, the names of duly (lualified voters residing in their resi)ective 
parishes, tlie following particulars, and in the following order : Date of registration, 
number, name, residence, occupation, ward or precinct, length of residence iu the par- 
ish or State, whether native-born or naturalized ; if naturalized, when and how, with 
the signature or mark of the voter-, antl in the event of the voter making his mark, the 
supervisor of registration shall attest the same. 

Si'.c. "JH. He it fiirlher enacted, ifr., Tliat should the applicant for registry have been 
born without the limits of the United States, and afterward become a citizen thereof other 
than by naturalization in the courts, tiien he shall make affidavit, and set forth the 
circumstances whereby he became a citizen, such as the naturalization of his father, 
or by his residence in any State or Territory wlien the same was accpiired by or ceded 
to the United States, or in any other manner whereby, under the laws of the United States, 
he wouhl become a citizen thereof: Providid, That alifidavits authorized to be made 
by this act may be sworn to before the supervisor of registration, but in no case, or 
under any circumstances, siiall the supervisor of registration make any charge, or 
demand any fee, under penalty of removal from office. 

Skc. 29. Be it farther enacted, <Vc., Tiiat on the personal application of any citizen of 
the State claiming to be registered as a resident of tlie parish or ward, and 
on due proof of citizensliip and residence, in the manner prescribed by this act, 
the supervisor of registration or assistant supervisor of registration of the ward or 
parish shall enter the full original and surname of the claimant iu the registration- 



13G CONDITION OF AFFAIRS IX LOUISIANA. 

book for the preciuct of the ward in -which the daimant actually resides; and the names 
of all siR-h persons shall be alphabetically arran;^ed in said books, and tlie occnpation 
;ind residence of every such person, and tlie name of tiie country in which he was born, 
shall be wiitten therein opposite the name of every snch person ; and in addition to 
any other i)roofs that may be rt-qnired nnder this act, every person who claims to be 
registen-d in said election precinct shall make and snbscribe an affidavit before the 
said snpervisor of re<;istration or assistant supervisor of registration, setting forth — 

Firnt. His name, the place and country of his birth, his occupation and place of resi- 
dence. 

iSccoiid. That he is a citizen of Louisiana, and will have resided in this State, on the 
day of tlie next election, the full period required by the constitution to entitle him to 
the riglits of an elector, and that he is at least twenty-one years of age. 

Third. That he is a resident of the election-precinct in wliich he claims to be regis- 
tered, and has no other place of residence, and the said affidavit shall be in the form 
following, to wit : 

In the election-precinct of the parisli, . Be it remembered, that 

on the day of , in the year , personally came before the supervisor of 

registration or assistant snjjcrvisor of registration of said parish, , who, being 

duly sworn, (or affirmed,) doth depose and say as follows, to wit: 

My name is ; I was born at , in the year . My occupation is , 

and I reside at , (if in a city or town,) number — , street. 1 am a citizen 

of Louisiana, and have been residing in this State ever since the day of , in 

the year . I am now claiming to be registered in the election-precinct, 

in the parish of , (or if in a city or town,) in the ward of the city of , 

in which I now reside. I have no other place of residence, and I did not remove to the 
said electiou-precinct for the purpose of voting therein, but for the purpose of making 
it my place of residence, in pursuance of my lawful calling. 

and subscribed to this day of , A. D. , before me. 

Snj)e)Tisor of Fegistration for the Ward. 

The snpervisor of registration or the assistant supervisor of registration shall write 
the name of the claimant in the proper places in the affidavit, and till the other blanks 
left thin'ein with the proper names, dates, Avords, and figures, before the claimant 
swears to or subscribes the same, and he shall sign his name to the jurat; and if the 
claiuiant \n'. an alien by birth, he shall make such proof in all cases as is required by 
this act, that he has been naturalized comformably to the laws of the United States ; 
and if the supervisor of registration or the assistant supervisor of registration shall so 
re([uiic, the claimant shall also i)rove his residence by two qu.'ilified electors, as here- 
inafter i)r()vided ; and upon the said affidavits and proofs being made to the satisfaction 
of the siiiK-rvisor of registration or the assistant supervisor of registration, he shall 
register the name of the claimant on the registiation-books aforesaid. 

Sec. 30. Beit further enacted, ^^-c., That the supervisor of registration shall issue to 
every citizen, at the time he is registered, a certificate, exactly correspondiuir in number, 
name, residence, &c., with the original registry, and the presentation of sucli certificate 
to the commissioners of election shall be full proof of the facts therein (ionraiueil, and 
of the elector's right to vote at the date of granting such certificate. Such certificate 
shall l)c on 1 he same pap(U' with the affidavit required in the preceding section, and in 
the following form, to-wit: 



This is to eertit^v that (insert the name and occupation) a native of (insert State and 
parish of nativity) and a citizen of Louisiana, was duly registered upon his personal 

application by the uiuhusigned , of the (insert pari.sh or ward of city or town) 

as a resident of the said parish, or of the election precinct of the saiil ward, on 

the day of , anno Domini . (In cases where the voter is a resident of 

the ])olice jury ward, such certificate shall also state the number or name of such 
ward.) 



Supervisor of Registration for the . 

Sf.c. 31. Be it further enacted, <fr., That it shall bo the duty of every supervisor of re- 
gistration to issue to any registered voter a duplicate certificate, uixm his making affi- 
davit that the original has been lost or destroyed; said affidavit to be made on the 
back of the duplicate so issued. ■ 

Si:c. ',V2. Be it further enacted, cj'-c. That the snpervisor of registration sliall keep an 

index-book, in which shall be entered alphabetically the names of all registered voters, 

with the number of their certificate ; and also a similar index-book to the names of all 

persons refused registration, with a proper reference to the folio or number of the 

ame. 

Skc. 33. Be it further enacted, <fc., That the decision of any supervisor of registration 
on all questions of erasure from or addition to the registry, and on all questions rela- 



CONDITION OF AFFAIRS IN LOUISIANA. 137 

five to the i-egistry of voters, shall be final, and shall not he subject to any revision or 
correction by any i)arish or district jndj^e. No parish or district jndge shall interfere 
by writ of injunction, or niandannis, or other order of court, to compel any supervisor 
or assistant suncrvisor of r(^J;•istration to register, or prol)iI)it iiiiu from registering any 
person. Any judge so interlering shall, upon conviction tiiereof, be subject to a tine of 
not less than five hundred dollars, and ini|)ris()ninent for not less than six months, and 
shall hr. liable to impeachment and removal from officii: Provided, That nothing herein 
contained shall he so construed as to dejjrive any person of any right of action he may 
lawfully liave against any supervisor for any illegal or wrongful refusal to register 
such ])erson : Aud provided further, Thixt should the State registrar, or an j- supervisor 
or assistant supervisor of registration, willfully and maliciously, with intent to deprive 
any citizen of his right of sntt'rage, he being entitled thereto, refuse to grant hiu) reg- 
istry and certificate thereof, after he shall have complied with the reciuirements of this 
act, or if said State registrar, supervisor, or assistant supervisor of registration shall 
maliciously erase the name of any registered voter, who is really entitled to vote, from 
the lists or records of registered A^oters with like intent, he shall, if convicted, be 
deemed guilty of felony, and be liable to imprisonment in the penitentiary for a term 
not exceeding five years, or to a fine iiot exceeding five thousand dollars, or to both, 
and be likewise liable to private action at law by the person injured for exemplary 
damages. 

Skc. ;M. Be it fariher eiiaeted, 4"c., That any supervisor or assistant supervisor of re- 
gistration shall have power, while in session, to administer oaths and atiirmations ; to 
issue subpoenas to any person within his respective election precinct, requiring the at- 
tendance of such person bef()re him as witness; to examine any person, under oath, re- 
specting his own or the qualifications of any other person as an elector, in said election 
precinct, and to direct the arrest of any person for disorder! j' conduct before him at his 
office. 

Skc. ;-i5. Be it further enacted, cf'C, That every person who shall be required by any 
supervisor or assistant supervisor of registration to prove his residetice in any election 
precinct, may, in addition to his own oath or aftirniation, be required to prove, by the 
afitidavit of two qualified electors of the election precinct, whose names are contained on 
the registration books, that such person is personally known to them, that he is a bona 
fide resident of the election precinct, and they verily believe that he is a qualified voter, 
entitled to vote at the next election. 

Skc. /{(). Be it further enacted, Jic., That it shall be the duty of the supervisor of regis- 
tration in each ))arish of thi; State, except the parish of Orleans, within ten days after 
an electi(U), to prc[tare and forward to the State registrar of voters a list of the voters of 
his parish registered by him since the last ()i)ening of the books in his parish, duly 
sworn to and certified by hiui, and then to redeposit the registration-hooks with the 
clerk of the court of the parish, taking his recei[)t for them, which shall be forwarded 
to the State registrar of votes in New Orleans. If any supervisor or assistant super- 
visor of registration shall refuse or neglect to perform any of the duties prescribed by 
this law, he shall, upon conviction, be deemed guilty of a misdemeanor, and shall be 
sentenced for every such oliVnse to pay a fine not exceeding one hundred dollars, or to 
nndtrgn an inqjiisonment not more than one year, or either, or both, at the discretion 
of the court. 

Sec. 37. Be it further euaetid. ^-c.. That the governor shall have power to remove any 
supervisor or assistant supervisor of registration for failure, refusal, neglect, or inability 
to perform the duties enjoined on him by law. 

Skc. -Mi. Be it further enacted, tf-c. That Avhenever there shall be a vacancy in the 
office of any supervisor of registration or assistant supervisor of registration, from death, 
removal, failure or refusal to quality, absence, registration, or other cause, the governor 
shtdl fill such vacancy by appointment, or he nuiy indicate some parish officer to dis- 
charge the duties of such supervisor or assistant supervisor for the time being, and 
such officer shall receive the same compensation and have the same powers and duties, 
and be subject to the same penalties, as are i)rescribed for supervisors of registration or 
assistant supervisors of registration, as the (;ase )nay be. 

Sec. I?y. B(i it further enacted, tfc. That if any person, upon any false representation, 
or by the jnoduetion of any forged, false, or si)urions naturalization certificate, or upon 
any such certificate not duly issued according to the act of Congress, shall cause his 
name to be placed, or shall attempt to have his name ])laced upon any book of regis- 
tration for election purposes, or upon any list of qualified electors, authorized or re- 
quired to be made by any law of this Stati\ or shall vote or attempt to vote at any 
election, every such person, on conviction theri'of, shall be adjudged guilty of a misde- 
meanor, and sliall be sentenced to imprisonment in the parisli prison for a term of not 
less than twelve months; and every person who shall aid or abet any other person in 
any such false representation or attempt, shall, on conviction thereof, be adjudged 
guilty of misdenieaiKU- and suffer the like penalty. 

Sec. 40. /iV it further enacted, .Vc, That if any person shall fratidulently alter, add to, 
deface, or destroy any list of voters, made out or posted, as directed by this act, or any 
book of registration, or tear down, or remove the same Jrom the place where it has been 



138 CONDITION OF AFFAIRS IN LOUISIANA. 

i\K<'(\ or deposited, with franduli'iit or mischievous intent, or for any improper purpose, 
the person so offi-ndinfj shall be (leemcil j^iiilty of a mi.sckMueanor, and, on eonvietiou 
tlieri'df, shall be pnnislicd ))y a fine nut exeecdini; live linndred nor less than one hun- 
dred dollars, and by ini])risonment for not more than twelve nor less than three months. 

Skc. 41. Ik it further rnactcd, 4c., 'J'hat it shall be the duty of the sniiervisor of regis- 
tration in every parish of this State (o appoint one or more .suitable persons to attend 
at each poll or voting i)laee, whose duty it shall be to convey the box to receive the 
votes to the place of liolding th<' election, and to deliver the same to the commissioners 
of election, and to attend the conunissioners of election during the whole linn; ofhohl- 
ingflie election, and to obey all legal oi'ders of such commissioners in keeiting order at 
or netir the polls, snj)pressiiig riots, or disorder of any kind, and to make all such ar- 
rests as may'be lawfully or(lere<l by said commissioners. Any person -who may resist 
or o))pose sueli persons in the discharge of their said duties, upon conviction thereof, 
sluill l)e punished by a tine of not less thau one hundred dollars, and by imprisouuient 
ibr not less than three nu)nths. 

Si:c. 42. Be it fnrllicr oKtcIrd, .fr., That it shall be the duty of the assistant supervisor 
of registration for <'ach ward in tli<^ cities of New Orleans and .Jefferson, and in the 
I)arishes of Orleans ami .led'erson, in making out the alphabetical lists provided for iu 
section eighteen, to classify them under the following heads, to wit: 

FirHl. I'rivate householders. Tinder this head the assistant supervisor of registration 
shall make out an alphabetical list (d' the names, occupations, and residences of all ])ri- 
vate householders residing in (.'ach election prc^cinct \?ho are (jnalitied electors, desig- 
nating the residence by the number of the house, and the uanie of the street ou which 
it miiy be located. 

Sreoiul. Private residents. Under this head the assistant supervisor of registration 
shall make out an alphabetical list of the names, occupations, and residences of all 
(inalified electors iu each election precinct, residing actually at the time with i)rivate 
housekeepers, designating the house by the number and street, as aforesaid. 

'Jli'ird. KesidentM at and kecqiers of hotels, taverns, boarding and lodging houses, and 
restaurants. Under this head lln^ assistant supervisor shall make out an alphabcitical 
list of the names of all ((ualilied (dectors in each election precinct, residing at or keep- 
ing hotels, taverns, boarding-lujuses, lodging-housi's, or restaurants in said election 
l«recinct, designating every such hotel, tavern, boarding-house, lodging-house, or res- 
taurant by the unmlx-r of the house and the name of the strtjet on wliieh it maybe 
located ; but he shall not place on said list the nanu^ of any person who has not a tixed 
resideiHM! iu the (deetion jtrcM-inet, in accordance with the re((uiremeuts of the constitu- 
tion. On the completion of said precinct lists in the manner aforesaid, tlie assistant 
sui)ervisor of registration shall make out and (hdiver to the supervisor of registration 
for the parish a transcrii)t the reof. Each such transcript shall be vin-iiied by an affida- 
vit to be made and subscribed by the assistant supervisor of registration, that the 
immes contained therein are the names of qualified electors residing in the several y)re- 
ciucts of iiis ward, and that every persou whose uame is containetl tiuireiu is a ([ualified 
elector, having a fi.xed residence in the precinct, to the best of his information, knowl- 
edge, and belief. 

Skc. 4;{. lie it further exacted, <fc., That the State registrar of voters shall cause a 
comi)lete registration to be made of the new parish of Kichland, and also for the con- 
tiguous parishes of Ouachita, Franklin, Carndl, and Morehouse, out of which s;iid par- 
ish was created. There shall also bci a complete registration of the new parish of Taiigi- 
l)ahoa, and of the contiguous parishes of W.-ishingtou, Saint Tammany, Saint Helena, 
ami Livingston, out of which said parish of Tangipahoa was created. There shall also be 
a complete registration of the parish of C rant and of the (contiguous parishes of Kapiiles 
and Winn, out of which said ]).irisli of (irant was cieated. There shall also he a coiu- 
)(lete registration of tlu; new ]>aiisli of Iberia, and of the contiguous parishes of Saint 
Martin and Saint Mary, <uit of whicdi the said parish of Iberia was created ; and also a 
lU'W registration of the <pui1ified electors of the First ward of the city of New Orleans. 
In any new p;aish which may hereafter be created before any general election, there 
shall also l)e ,1 con)plet(! registration (d"sueh uew parish and other contiguous parishes 
out of which it may be (ireated. 

Skc. 44. lie it farther enacted, d-e., That this act shall take effect from and after its 
passage, and all laws and i)arts of laws inconsistent with the i)rovisions thereof, and 
all laws or parts of laws on the same subject-matter, are hereby n^)»ealed. 

MOinTMElJ CARU, 
Sjyealcer of the Ilonxe of Repreneiitatircn. 

OSCAR J. di:nn. 

Lieutenant-Governor and rresident oj the Senate. 
Approved March IG, lt<70. 

II. (;. WARMOTH, 
Governor of the State of Louisiana. 
A true copy : 

GEORGE E. liOVEE. 

Shcretarij oJ State. 



CONDITION OF AFFAIRS IN LOUISIANA. loi) 

No. 100. 

AX ACT to r(>.f!;iil!it(! the conduct and to iiiiiiiitMin the ficcdoiii aiid purity of ch'ct ions ; to iircscvihc 
tht* mode ot ni;il<in<r, and dcNitrnate the (iflicerM vvlio hIiiiII niiiko, (lie returns tlieveot; 1o prevent 
fraud, violence, iMtimi<latioM, riol, tumuli, hrilxiy, or edrruptioii atr elect iiui.s or iit any re;iiMt ration 
or revi,si(Ui of I'enistral ion ; to limit tiu^ powers and duties nt' the sliiTill's of llu^ parishes of OrU^ans 
and Jellcrson ; to iircserilii' the jioweis aiol duties ol'llie Ipoaid and ollieers of the metfoliolitan 
police in n f^■rene(^ to elei'tions ; lo jireserilie the mode ol' entering; on the rolls of Ihi' senatd and 
house of reiiresentativ<'S the nanu's of memheis ; lo empower the ;ii)vernor to ])ie.serve pencil and 
order, to i^nforce the laws; to limit tlu^ jiowers and duties of (lie mayors ol' the cities of Now 
Orleans anil .lelVei.son with re};a^(l to elections; to ])roliil)i( dislrici or iiarisii .jud;;i's from 
issuing ceilain writs to eoiumiNMi(Uiers (d' elections ; to make ;in ap])ii)|pii;iti(Mi for tlii' expitiiHcs of 
tlie next revision of Ihi^ ri^^istralion ;iud of tlu^ next elect ion, ami lo enlorcc! article oni' hundred 
luul throe of the constitution. 

Sl'Xn'loN 1. lie it ctiaclvd hj/ the sciitilc (did Iioiihc of repirm'.iitatircK of the St((l(' of Loii'iHiaud 
hi {/ciicnil axxcmblfi roiivaiicd, Tliat nil c^lcctioiiH lor State, pai'i.'sli, and judicial ol'licers, 
lucinltcr.s of" t\n'. {^ciioral as.s(niihly, ami for nieiiihi'i's of Coiiof(>,ss uliall be- Iwdd on the 
liist Moiidiiy ill No\(;iiil»(;r, tiiid said (fictitious hIuiII he .styled the "general elections. 
Tliey sli;ill lie held in llie inaiiiier tiiid I'onn, and snhjeet to the regulations hereiiiatlei' 
picseiilied, and no other. 

Hkc. 2. J>< itfiirlhrrenaclcd, <fe., Thateleetionsl'or rcprtisentativtis in tlKiffeiienil asseni- 
hly shtill he held on the first Moiuhiy of Noveinhiir, one thouBiind eight hniidrcid and 
■seventy, and ev«)ry two year.s thereafter; tind till elections to snpjily the jdaee of sc^na- 
tor.s in the general ass(;iiihly, ^vhose ti^rnis of service sliall have (ixjiired, .shall be lield 
at th(! .saiiK! tiiiH; :is herein jnovided lor tlic (dec! ion of representatives. 

Sicc:. '.'. lU; il fnrUur riniclcd, .i'r., That all elections shall be held in (inch i)ari.sh at the 
several chM'tion-polls or voting-places to he established as is iiereinaf'ler pres(!rihe<l. 

Skc. 4. Ik', il fiirUur cunctc'd, iSr., That nil elections shall he conijilctcd in one day, and 
the jiolls sliiill ho kept open at eticli [loU or votiiig-))lace, I'roiii the hour of six in the 
morning nntil six o'clock in the iifternoon. 

Si'X;. f). Jh' it further enacted, iS<:, That etieli ])iiiisli in this State, except (he parishes of 
Orlciiiis and .Icl'l'crson, is luirebv lixed as an election iirc('iiict, and IIk^ supervisor of 
rcgisliation in cacli of said jiarishcs shall direct wli.at niiinlicr of polls oy vol ing-iihices 
sliall be cstiiblished in cinh precinct, lix (he jihiccs of holding the election, and apjioint 
comnussioners of election for etich ])oll or voting-place. In the city of New Oilcans 
each ward shall constitute ti ]trecinct, and in the rciiiaining jiart of the parish of 
Orleans the supervisor of rcgistralion for the stiid lutiish shall fix hotli the precinut.s 
and voting-places in each ]irccinct, iind in the iiaiish of .letferson the Hiii»crvisor of 
registration shall tix both the iir<'cincts and the voting-places in each prcciiud ; ill 
the parislu's of Orleans and .Jcll'crson the sn|)crvisor of registration of each parish 
shall ajipoint coniinissioners of election therefor, as in other parishes. Any duly rcgi.s- 
tered voter nuiy vote at any i>oll or voting-placci within his precinct. 

Skc. ti. J!v it further ciiaeted, i|-c., Thiit the elections at each p(dl or voting-place shall ho 
presided ov(;r by thrcse coniinissioners of (dccdion, residents of the jtarish, who shall bcs 
able to read ;ind write, to he appointed liy the supervisor of rcgistiation for th<- |)arisli, 
who shall, liclbre entering upon tht; discdiargci of their duties, take and siili.seribc tho 
oath or oaths prescribiMl for State ol'ticcrs. Should only one of the (•oniniissioners 
appointed Ixi pr(%sent, he shall apitoint another, and both together shall aiipoint a 
third, iind tilt! coniniissioncrs so appointed shall tiike the oath and perforin all tlio 
duties of coiiinii.ssioiiers of election in tins stiine manner as if they had been appointed 
by the su))ervisor of registration. 

Skc. 7. Be it furtlier eiioeted,i'\t.., Tlnit it shall bo tho duty of the coniinissioners of elec- 
tion to rccciv(! the ballots of all legal voters who sliall idler to vote, and deposit the 
same in the ballot-box to be ]»r<ividcil for that ])tiriiose. TIk! coniinissioners shall de- 
posit 1 he ballot of each voter in the ballot-box in the lull and convenient view of tho 
voter hims(df. 

Skc. 8. lie it furtlier enacted, <j'c., 'i'hat in all cases tlu! vote of (Ik; jiersoii offeringfo vote 
shall be taken from the hand of the voter by one ol'tlic, coniinissioners of election, and 
any ((iiiiiuissioner (d' election receiving a vote from tin; hands of any jiersoij other than 
the voter shall bi^ deemed guilty (d' a misdemeanor, and, upon comiction thereof, shall 
h(^ lined not less than one hundred dollars nor iiuuc than thre(s hundred dollars; and 
any iier.son taking a. vote from :i voter for the piirposi- ol' handing the same to the com- 
missioner of (dection shall hi; guilty of ti misdcsmeiinor, tiiid, upon conviction llicre(d', 
sliiiil be fiiKMl not less than one hundred dollars nor more than three hundreil dollars : 
7'/Y>(((/(7/, That tiny voter shall have tho rijrht to deposit his own vote in the ballot-box 
with his own hand. 

Si:c. '.(. /.'<• il further enacted, <('•(., That any commissioiKir of (dectioii, constahjo, police 
oHiccr, or (dection ol'iicer, who shall s(!e any iieison taking from t]\v hands of a voter 
his ballot with intent to pa.><s it to the coniinissioners of el(!cti(Mi, or atliMiipting so to 
jia.ss such ballot, shall forthwith arrest such jierson and convey him at least oiio (inar- 
tcr of a mile from tho polls, and keep him there uuder guard until the close ot the 
jiolla. 



140 CONDITION OF AFFAIRS IN LOUISIANA. 

Sec. 10. Be it further enacted, tj-o., That the commissioners of election shall preserve 
order and decorum at the election, and shall commit to prison, or, if at any place over 
one mile from the parish prison, to the custody of the officer, who shall convey the 
prisoner to a place at least a quarter of a mile from the polls, any disorderly person or 
persons for a term not to extend beyond the hour of closinjj the polls, provided he 
he permitted to vote before being imprisoned. It shall be the duty of the cam- 
missi(mers of election, or any of tiiem, to issue a warrant forthwith for the arrest 
of such person or persons, and the officer makin<r the arrest shall commit such person 
or persons as above provided until the close of the polls. Such warrants may be di- 
rected to any sheriff, constable, or pi)lice officer, and shall lie executed immediately by 
such officer. As soon as practicable after the closiui; of the polls, such person or per- 
sons shall be brought before the proper magistrate for examination, who shall proceed 
forthwith to examine the case. 

Sec. 11. Beit further enacted, .yr., That it shall be the duty of the commissioners of 
election at each poll or voting-place to keep a list of the names of the pensons voting 
at such poll or voting-place, which list shall be numbered from one to the -end, and 
said lists of voters, with their names and numbers as aforesaid, signed and sworn to as 
correct by such commissioners, sh.-iU be delivered to the supervisor of registration at 
the same time the box containing the ballots is delivered to him. 

Skc. 12. Be it further enacted, li'-c, That any commissioner of election shall have 
power to administer oaths and affirmations to persons offering to vote at any election 
conducted by them, and to examine such persons, under oath, touching their right to 
vote at such election ; and in all cases the supervisor of registration for the parish 
shall apponit one of the commissioners of election to keep a record of the voters during 
tha election, and another to receive the votes, and whenever a vote is received, the 
commissioner of election keeping the record shall call the nameof the voter aloud, and 
shall mark the letter "V" opposite said name on the record. 

Skc. 13. Be it further enacted, <^-c., That all supervisors of registration, assistant su- 
pervisors of registration, commissioners of election, and officers attending supervisors 
of registration or commissioners of election, shall be free from arrest during the time 
of registration or of the revision of the registration, or of holding the election, or in 
going to or returning from the place of registration, or poll or voting-place, unless he 
or they shall be charged with an offense punishable with death or imprisonment in 
the penitentiary. 

Skc. 14. Be it further enacted, cf-fl., That each commissioner of election shall receive as 
compensation the sum of five doll.irs per day for the number of days he is actually em- 
ployed in the discharge of the duties of his office, for which he shall make a written 
and specific account, which shall be examined, and, if found correct, shall be approved 
and ccnintersigned by the supervisor of registration of the parish and by the governor, 
and upou presentation of such account to the auditor of public accounts, said auditor 
sh.all issue his warrant upon the treasurer for the amount named therein. All i)roper 
expenses incurred for the rent of polling or voting-i)laces, and the hire of such furni- 
ture and incidental expenses necessary for the holding an election shall be paid by the 
city or i)arish authorities in which the elections are held, upou the presentation of a 
detailed account, duly sw^n to and approved by the supervisors of registration for the 
parish. 

Skc. 15. Be it further enacted, <J'r., That any person duly appointed as a commissioner 
of election, who shall refuse or fail to serve as such, shall be fined in the sum of one 
humlred dollars, to be recovered by prosecution before any court of competent juris- 
diction. 

Skc. 16. Be it further enacted, i^-c.. That no person shall be permitted to vote at any 
election to be held in this State who has not been duly registered as a qualified voter 
in accordance with law. 

Skc. 17. Be it further enacted, c^~e.. That any voter shall vote in the parish wherein 
he resides, except in the parishes of Orleans and .Jefferson, wherein he shall vote at the 
election precinct in which he shall be a registered voter. 

Skc. 1H. Be it further enacted, .fr., That all the naines of persons voted for by each 
voter shall be written or printe<l on one ticket, on which the names of the persons 
voted for, togetlna- with tiie office for which they are voted for, shall be accurately 
specified; and should two (2) or nu)re tickets be folded together, the tickets so folded 
shall Iks rejected. The commissioners of election shall require every person offering 
to vote to exhibit his certificate of registration, and when the vote of such person is 
received, the commissioiuM-s of election shall write on or stamp on such certificate or 
affidavit the word "voted," and the date of the vote, which shall be signed by one 
of the connnissioners; and any ))erson being guilty of erasing or altering any stamp 
or mark thus nuule by the commissioners of election, or any one of them, shall ujmn 
conviction be deemed guilty of a misdemeanor, and fined and imprisoned at the 
discretion of the court. 

Skc. 19. Be ii further enacted ^-c, That the commissioners shall have the right to 
require that any person attempting to vote Bhall be put on his oath, and made to 



CONDITION OF AFFAIRS IN LOUISIANA. 141 

declare whether he has voted at another poll or voting-place, and in case snch person 
shall make a false oath, he shall he subjected to the penalties provided by law for 
perjury. And it is hereby nia<1e the duty of auy coniniissioner of electiou, upon the 
request of auy voter, to administer the oath herein required, and auy coujuiissioner of 
election refusing or neglecting to administer the oath, when so requested, shall he 
deemed guilty of a misdemeanor, and on conviction thereof shall be i»nuished by a 
fine of not less than one hundred dollars, and by imprisonment for a term of not less 
than three luonths. 

Skc. '20 Ik it Jurther enacted, cJt., That any person offering to vote may ho required 
hy the connnissioners to make oath and declare that he is the person lo whom was 
issued the registration certificate, or other ])aper upon which he otfers to vote, and 
that he has not voted at any other pcdl or voting-T)lace; *and in case he shall make a 
false oath, he shall be liable to the pains and iienalties of perjury prescribed by law. 

Sec '21. lie it further enacfcd, iS'e., That the supervisor of registration for each parish 
thnnighout tin- State shall furnish to the connnissioners of election, at each p(dl or 
voting-])lace within his parish, a written or printed list, in alphabetical order, of all 
the registered voters, and the number of the certificate of registration of each voter 
of tht precinct in which the poll or voting-jdace may be situated; and it siiall be the 
duty of the commissioners of election, as soon as a voter has deposited his vote, to 
erase his name from said list. Anj' person, except a commissioner of election, who 
shall mark, disfigure, or erase any part of said list, shall be immediately arrested and 
confined until tlie close of the ])olls. It is made the duty of all supervisors and 
assistant supervisors of registration, commissioners of electiou, and public otficers, to 
enforce the penalty of this section. 

Sec. 22. Be it further enacted, <S'C., That the police jury of each parish in the State, 
except the parish of Orleans, shall furnish to the supervisor of registiation as many 
hallot-boxes as may he requisite for the holding of all elections in the parish, and iu 
the ]iarish of Orleans it shall be the duty of the comnu)n council of the city of New 
Orleans to furnish the supervisor of registration as many ballot-boxes as may be 
necessary for the holding of all elections iu the j)arish. 

Sec. 23. Be it further enacted, c^-c, That it shall be the duty of the supervisor of 
registration of each parish to provide for each election poll or voting-place within 
the parish one suitable ballot-box, at the expense of the parish, if not furnished by 
the ])arish. 

Sec. 24. Be it further enacted, t$'-c., That it shall he the duty of the supervisor of 
registration in each parish, at least ten days before any election, to cause to be printed 
and posted up ni conspicuous places throughout his parish, and at or near the polls or 
voting-places, a sufficient number of copies of the provisions of this law imposing 
penalties for offenses against the freedom and purity of elections. 

Sec. 2'i. Be if further enacted, d'c-, That the State registrar of voters shall furnish to 
all supervisors of registration all printed blanks and instructions, iu confi)rniity with 
this act, which may be necessary fi)r conducting elections and making returns thereof, 
which shall be ]»rinted by some i)erson to be appointed by the governor, lieutenant- 
governor, and speaker of the house of representatives, ami paid for at the rates 
allowed for the State printing. The printing shall be measured and ai)proved by the 
officers aforesaid, and the auditor of public accounts shall issue his warrants therefor 
upon the State treasurer onlj^ when so api)roved, in such sums as may bo convenient, 
of not less than fifty dollars nor more than one hundred dollars each. 

Sec. 26. Be it further enacted, cfc, That all elections held in this State to fill any va- 
cancies sh.all be con-lucted and managed, and returns thereof shall be made iii the 
same manner as ((/') [is'J provided for general elections. 

Sec. 27. Beit further enacted, cf-c, Tlnxt the supervisor of registration for the parish 
shall conduct all city, town, parish, or charter elections which may be held iu his par- 
ish, and forward statements thereof to the returning officers iu the same manner and 
form as is prescribed for general elections. 

Sec. 2rt. Be it further enacted, ^'c. That the governor shall commission all officers 
elect, except members of the general assembly and the governor. 

Sec. 29. Be it further enacted, <Vt., That in any parish, precinct, ward, city, or town, 
in which during the time of registration or revision of registration, or on any <lay of 
election, there shall be any riot, tumult, acts of violence, intimidation, arme<l disturb- 
ance, bribery or corrupt infinences, at any place within said parish, or at or near auy 
poll or voting place, or place of registr.ation or revision of registration, whieli riot, 
tumult, acts of violence, intimidation, armed disturbance, bribery, or corru])t influences 
shall jirevent, or tend to prevent, a fair, free, peaceable, and full vote of all the qual- 
ified electors of said parish, precinct, ward, city, or town, it shall be tlu^ duty ot the 
connnissioners of election, if such riot, tumult, acts of violence, intimidatiou, armed 
disturbance, bribery, or corrupt influences occur on the day of election, or of the su- 
pervis(u- of registration, or any assistant supervisor of registration of the jiarish, if 
they occur during the time of registration or revision of registration, to make in 
duplicate, and under oath, a clear and full .statement of all the facts relating thereto, 



142 CONDITION OF AFFAIRS IN LOUISIANA. 

and of the eftect prodnced by sncli riot, tnninlt, acts of violence, intimidation, armed 
disturbance, bribery, or corrupt influences, in preventiup; a fair, free, peaceable, and full 
registration or election, and of the nunilier of qnalitied electors deterred by such riot, 
tumult, acts of violence, intimidation, aruied disturbance, bribery, or corrupt inllueuces, 
from registering or voting, which state7nent shall also be corroborated, nuder oath, by 
three respectable citizens, qualified electors of the parish. 

When such statement is made by a comniissioner of election or assistant supervisor of 
registration, he shall forward both copies to the supervisor of registration, irauiediately 
on the close of the election. The supervisor of registrati(ni shall forward one copy of 
all such statements, whether made by iiimself or by a commissioner of election, or by 
an assistant supervisor of registration, to the governor, and shall dei>osit one copy 
with the clerk of a district dourt of the parish. 

Skc. 30. Be it further enacted, <i'T., That no parish or district judge shall interfere, by 
writ of injunction or mandamus, or order of court, to compel any commissioner of elec- 
tion to do any act, or prohibit him from doing any act in his official capacity as com- 
missioner of election, or relating in any manner to the conduct of the election. Any 
judge so interfering shall be guilty of a misdemeanor in oilice, and u[)on conviction 
thereof shall be punished by a fine of not less than one hundred dollars, and imprison- 
ment in the parish prison for not less than thiee months: Provided, That nothing in 
this section shall be so construed as to exempt any commissioner from a suit for 
damages or prosecution for violation of the law. 

Sec. :U. Be it further enacted, i\c., That it shall l)e the duty of the governor to cause 
the attorney-general, or, in case of his failure or refusal, to employ competent counsel 
to prosecute any judge who shall violate the provisions of the foregoing section of this 
act. In tlie parish of Orleans such [)rosecutious shall be before the district court hav- 
ing criminal jurisdiction. Whenever the judge of a district court having jurisdiction 
of such jirosecutions shall be prosecuted for such an ottense, the governor shall appoint 
some practicing attorney to prosecute the canse. Any attorn(\v so employed as above 
directed by the governor shall, for each successful prosecution in which he sliall have 
been engaged, receive as compensation a sum to be fixed by the governor, the judge 
of a district court, and two judges of the supreme court, which shall be paid to him 
upon the warrant of the governor and such judges, out of anj' funds in the treasury 
not otherwise appro])riated. 

Sec. 32. Be itjuriher enacted, <fc.. That all general elections for members of Congress 
shall be held at the same time, and conducted in the same manner, as is provided for 
the general elections. 

Skc. 3:5. Be it further enacted, tjc-, That as soon as possible after the expiration of the 
time of making the returns of the election for representatives in Congress, a certificate 
of the returns of the election for sueii representatives shall be entered on record by the 
secretary of state and signed by the governor, and a copy thereof, subscribed by said 
officers, shall be delivered to the person so elected, and another copy transmitted to 
the House of Representatives of the Congress of the United States, directed to the 
Clerk thereof. 

Sec. 34. Be it furthei' enacted, .fc. That in case of vacancy by death or otherwise 
in the said office of representatives in Congress, between the general elections, it shall 
be the duty of the governor, by proclamation, to cause an election to be held according 
to law, to fill the vacancy. 

Sec. 3.5. Be it further enacted, tfc, That in every year in which an election shall be 
held for electors of President and Vice-President of the United Slates, such election 
shall be held on the Tuesday next after the first Monday in the Month of November, in 
accordaiice with an act of the Congress of the United States, ai»i>roved January twen- 
ty-third, one thousand eight luni(lred and forty-five, entitled "An act to establish a 
uniform time for holding elections for electors of President and Vice-President, in all 
States of the Union;" and such elections shall be held and conducted, and returns 
made thereof, in the manner and form prescribed V)y law for the general elections. 

Sec. 3G. Be it further enacted, «)V., That whever the seat of any Senator or Represent- 
ative shall become vacant, and there shall be a session of tin; general assembly then 
sitting, or to be held before the next general election, it shall be the duty of the gov- 
ernor, within five days after being officially informed of such vacancy, to issue his 
writ of election, directed to the supervisors of registration in and for the parish or 
parishes in whicli such vacancy may exist, whose duty it shall be, within three daj's 
after its receipt, to give public notice that an election will he held to fill such vacancy 
on a (lay to be iK\med by them, which day shall not be less than eight nor more than 
fifteen days after the publication of such notice, if such election ))e held during or 
within fifteen days next preceding a session of the general assembly ; but if not, then 
the ele('tion shall be held not less than twenty nor more than thirty days after the 
publication of such notice, and shall l)e held and conducted, and returns thereof made, 
in the manner and form i)rovided by law for general elections. 

Sec. 37. Be it further enacted, <|'c.. That in all future elections for Senators, Represent- 
atives, sheriff's, coroners, clerks of district courts, and other officers, if there should be 



CONDITION OF AFFAIRS IN LOUISIANA. 143 

an equal nninber of votes j^iven to two or more candidates for the same office, the elec- 
tion of such office or offices thus not lilled sJiall be again returned to tiie people in the 
parish or district, as the case may be, public notice of ten days to be iirst given in the 
same manner as in the general elections. 

Si:c'. :?H. /)(' (7 fnvlhcr oiacied, <)'r., That the provisions of this act, except as to the 
time of liolding elections, shall apply in the election of all officers whose election is 
not otherwise provided for. 

Skc. 39. Be it furthei' enacted, cf-o.. That it shall be the duty of the governor, at least 
six weeks before every general election, to issue his proclamation, giving notice there- 
of, which sliall be jiublished in the official journal of the; State, and copies thereof for- 
^^ arded to the several supervisors of registration throughout the State. 

Skc*. 4(l. Be it further enacted, i\-c., That notice of every general election held under 
the provisions of this act siiall be given at least tliirty days before the election, by no- 
tices posted ui> in each precinct, or, if there be au official newspaper published in the 
parish, by publishing the notice in such pajier. 

Skc. 40. Be it further enacted, .fc., That the supervisors of registration, or commis- 
sioners of election, shall, on the day of election, close all driuking-saloons, dram-sliops, 
groggcrics or i)laces where liquor is sold by the glass or bottle, situated within a I'adius 
of two mik's of any poll or voting-place ; and said supervisors or commissioners of 
election shall have the power to call on any sheriff', constable, or police-officer toenforce 
this regulation. If such sheriff', constable, or police-officer shall refuse to obey any order 
issued under the authority of this section, the commissioner or supervisor giving the 
order shall summarily arrest and imprison such sheriff, constable, orpolice-otticer, such 
imprisonment not to extend beyond the hour of closing the polls. And such sheriff", 
constable, or police-ofificer so refusing to obey such order shall be deemed guilty of a 
misdemeanor in office, and upon conviction thereof, shall be punished by imprison- 
ment for aterni not to exceed six months, nor less than three months, and by a ffne of 
not nmre than ffve hundred dollars, nor less than one hundred dollars. 

Skc. 42. Be it further enacted, <fc., That the governor, any justice of the peace, alder- 
man, mayor, judge, or any State officer who may be present at, or have knowledge of 
any drinking-s.nloon, dram-shop, groggery, or place where; liquor is sold by the glass or 
bottle, which is open contrary to the provisions of the foregoing section within the 
limits therein prescribed, may in writing order any police-officer or constable to seize 
any such licjuors, or any carriages or vessels containing the same, or any booths or 
tents erected within said limits for the purpose of exposing- such intoxicating liquors 
for sale. 

Sec. 43. Be it further enacted, iff-, That the constable or police-officer to whom such 
order shall be delivered, shall thereupoji seize all siich liquor, carriages, vessels, and 
the materials of any such tent or booth and hold and <letain the same until twenty- 
four hours after the close of the election, then to be delivered on denuuid to the owner 
or the person from whom they were taken, on the payment of ten dollars for the safe 
keeping of said articles. 

Sec. 44. Be it further enacted, <^-e.. That if these effects be not thus demanded, the 
same shall be sold at public auction by the police-officer or constable making the seizure, 
and the i)roceeds of such sale, after. deducting costs of sale and safe-keeping, shall be 
l)ai(l to the owner of the articles sold, or the person from whom the same were taken. 

Sec. 4.5. Be it further enacted, <f'c., That no voter whose name is registered according 
to law shall be challenged at the polls on any question of residence, but it shall be the 
duty of the commissioners of elections to require every person whose name ai>pears on 
the registat ion-books to prove his identity if re(iuire<l by the commissioners of elec- 
tion ; and any commissioner of election who shall receive a second vote on the same 
day by virtue of the same certificate of registration, and any person who shall ott'er to 
vote a second time upon any certificate of registration, shall be deemed guilty of a 
misdemeanoi-, and on conviction thereof be fined or inquisoned, or both, at the discre- 
tion of tile court, but the fine shall not exceed one hundred dollars in each case, nor 
the imprisonment one year, and the like punishment shall, on conviction, be inflicted 
on any commissioner of election who shall neglect or refuse to make the indorsement 
recjuired as aforesaid, on the said registration certificate. 

Sec. 4(5. Jie it further enacted, it'c, That if any clerk of a court, or deputy of any such 
clerk, or any otlu-r jierson, shall affix the seal of office to any naturalization pa|>er or 
permit the same to be affixed, or give out, or cause or permit the sanu; to be given out, 
in blank, whereby it may be fraudulently used, or furnish a naturalization certificate 
to jujy person who shall not have been duly examined and sworn in open court, in the 
presence of some of the judges thereof, accoi-ding to the act of Congress, or shall aid 
in, connive at, or in any way ]>ermit the issue of fradulent naturalization certificates, he 
shall be guilty of a misdemeanor; or if any oneshnll fraudulently use any such certifi- 
cate of naturalization, knowing it to have been fraudulently issued, ov shall vote, or 
attempt to vote thereon, or if any one shall vote, or attempt to vote, on any certificate 
of naturalization not issued to him, lie shall be guilty of a misdemeanor ; and either 
or any of the persons, their aiders or abettors, guilty' of either of the misdemeanors 



144 CONDITION OF AFFAIRS IN LOUISIANA, 

aforesaid, shall, on conviction, be fined in a sum not exceeding one thousand dollars, 
and imprisoned in the penitentiary for a period not exceeding three days. 

Sicc. 47. Be it further enacted, cj-c, That if any person, on oath or aftirniation, in or 
before any court in the State, or officer authorized to administer oaths, shall, to pro- 
cure a certificate of naturalization for himself or any other person, willfully depose, 
declare or afHrm, any matter to be fact, knowing the same to h^ false, or shall in like 
manner deny any matter to be fact, knowing the same to be true, he shall be deemed 
guilty of i)erjury, and any certilicate of naturalization issued in pursuance of any such 
dei)(»siti(m or atbrmation shall be null and void; and it shall be the duty of the court 
issuing the same, upon proof being made before it that it was fraudulently obtained, 
to take immediate measures for recalling the same for cancellation ; and any person 
who shall vote, or attempt to vote, on any paper so obtained, or who shall in any way 
aid it, connive at, or have any agency whatever in the issue, circulation, or use of auy 
fraudulent naturalization certificate, shall be deemed guilty of a misdemeanor, and, 
ui)ou conviction thereof, shall undergo an imprisonnu-nt in tlu' i)enitentiary for not 
morv than two years, and pay a line, not more thiui one thousand dollars for every such 
offense, or either or both, at the discretion of the court. 

Si".C. 46. Be it further enacted, ifc. That at all general elections the names of all can- 
didates to be voted for in the cities of New Orleans and Jefferson shall be written or 
printed on one ticket, or slip of paper, and the number of the ward and election pre- 
cinct in which the ticket is to be voted shall be printed or written on the outside fold 
thereof. , 

SiX". 49. Be it further enacted, tjc. That the supervisors of registration in the parishes 
of Orleans and Jefferson shall, during registration, and at least within six days pre- 
ceding any general election, furnish to the board of metrojiolitan police commissioners 
a co|)y of the lists of registered votersin each precinct in said parishes. 

Skc. 50. Be it further enacted, cj-c, Tha the board of metropolitan police commissioners 
shall forthwith proceed by means of the police to incjnire into and report to said super- 
visors the names of all persons falsely, fraudulently, or improperly registered ; and to 
this end the board of metropolitan police commissioners shall divide each ward into con- 
venient subdivisions or blocks, and shall assign to each subdivision one or more police 
officers, wlumi they shall direct and cause to compare the names of the actual residents 
of said subdivisions or blocks with tin; names of the registered voters thereof, and to re- 
port to them the names of all persons whom they shall Hud to befalsely, fraudulently, or 
improperly registered, and the board of metropolitan police counnissionius shall report 
the same in an alphabetical list, with the names and residences thereof as registered, to 
the supervisors of registration of said parishes of Orleans ami Jefferson, respectively, 
who shall immediately make publication thereof in the ofiQcial journal of the State, with 
noti(!e to all such jjcrsons to api)eai' forthwith at the office of the supervisor of n^gistra- 
tiou of said parishes, respectively, and show cause wliy their names should not be erased 
from tile registry list. If any such person shall ajipear aiul show to flu; satisfaction of 
the supervisor of registration that he has been unjustly reported as falsely, fraudulently, 
or improperly registennl, or show other sufficient cause why his name should remain 
on the registry list, his name shall not be erased; otherwise the supervisor of regis- 
tration shall cause all names so reported to be erasi'd from the registry list, and no 
person whose name is so erased shall vote at that election. 

Si;c. 51. Be it further enacted, cJ't., That the mayors of the cities of New Orleans and 
Jefferson are hereby prohibited from a[)i)ointing commissioners or (tiiair) [other] ofificers 
to hold or conduct any election whatever, and from doing any act towa-d the holding 
or conducting of any (flection. Any mayor who shall do any act contrary to the provis- 
ions of this section shall be deemed guilty of a misdemeanor in office, and, njion cou- 
vicf ion thereof, shall be punished by imprisonment for not less than three months, 
ami by a line of not less than three hundred dollars. Auy citizen may prosecute any 
person violating this section. 

Sicc. 52. Be it further enacted, tfc, That it shall be unlawful for the sheriffs of the 
parishes of Orleans, Ji^fPerson, and Saint Bernard, or either of thetu, to appoint auy de- 
puties to conduct or in auy manner to interfere with the elections in said i)arishe8, or 
to station auy deputies or their officers at any poll or voting-place or at any office of 
registration, for the purpose of receiving or carrying the ballot-boxes, or to do any act 
toward conducting the elections, or toward maintaining or i)reser\ing the i>eace on the 
day of election. Tlu^ whole care of the jieace and order of the cities of New Orleans, 
Jeffi'ison, and Carrollton, and in the parishes of Orleans. Jefferson, and Saint IJeruard, 
on the days of election, shall be in tlu' charge of the metropolitan police, suliject to 
the orders of the governor. Any sheriff' who shall do any act contrary to the provis- 
ions of this section shall be deemed guilty of :i misdemeanor in office, and upon convic- 
tnm theii'of shall bt> removed from oftice. and be imprisoned for not less three nmuths, 
and lie fined not less than three hundred dollars. Any citizen may prosecute any per- 
son violating the ])rovisions of this section. 

Si:c. 5:?. Be it further enacted, iSe., That iunnediately upon tlie close of the \wW% on 
the day of electiou, the commissioners of electiou at each poll or voting-jdace shall seal 



CONDITION OF AFFAIRS IN LOUISIANA. 145 

I lie ballot-box by pastiii";' slips of jJiipcr over tlu^ kcy-liolc and the opening in the toi> 
ihcrtMil", and tastrniiii;- tlu^ same with sealing-wax on which they shall impress a seal, 
and they shall write the uanii's of the coniniissioiUTs on the saicl slips of paper; they 
shall forthwith eonvey the ballot-box so sealed to the office of, and deliver said ballut- 
box to, the sn])ervi8or of registration for the parish, who shall keep his ofliei; open for 
that pnrpose from the honr of the close of the election nntil all the votes from the 
several ]tolls or voting places of the precinct shall have been rec(;ived and connted. 
The snpervisor of registration shall immediately npou the leceipt of said ballot-box 
note its condition and the state of the seals and fastenings thereof, and shall then, in 
the presence of tin; commissioners of election and three citizt^ns, freeholders of the 
parish for snch i)oll or voting-place, open the ballot-box and count the ballots therein, 
and make a list of all the names of the persons and ofHces voted for, the nnniber of 
votes for each person, the unmber of ballots in the box, and the nnmber of ballots re- 
jected, and the reason therefor. Said statement shall be made in tri])licate, and each 
cojjv thereof shall be signed and sworn to by the commissioners of election of the poll 
.-vnd by the sn))ervisor of registration. As soon as the snpervisor of registration shall 
have made the statement above ])rovided for, for each poll in his precinct or parish, 
and it shall have been sworn to and. snbscribed as above directed, the snpervisor of 
registration shall inclose in an envelope of strong paper or cloth, securely sealed, one 
copy of snch statement from each i)oll and one copy of the list of persons voting at 
each i)oll, and one copy of any statements as to violence or disturbance, bribery, or 
eorrnption, or other oli'enses specihed in section twenty-nine of this act, if any there 
be, together with all menmranda and tally-lists used in making the eonnt and state- 
nn'nt of the votes, and shall send snch package by mail, properly and plainly addressed, 
to the governor of the State. The snpervisor of registration shall send a second coi)y 
of said statement to the governor of the State by the next most safe and speedy mode 
of conveyance, and shall retain the third copy in his own posses.sion. 

Skc. 54. Be it further enacted, it'c, That the governor, the lieutenant-governor, the secre- 
tary of state, and John Lynch, and T. C. Anderson, or a majority of them, shall be the 
retnrning-ofticers for all electh)ns in the State, a majority of whom shall constitnte a 
(|in))nm, and have power to make the returns of all elections. In case" of any vacancy 
by deatii, resignation or otherwise by either of the board, then the vacancy shall he 
tilled by the residue of the board of retnrning-officers. The returning-otHcers shall, 
alter each election, before entering upon their duties, take and subscribe to the follow- 
ing oath before a judge of the supreme or any district court : 

•'I, A. B., do solemnly swear (or afhrni) that I will faithfully ami diligently perform 
the duties of a return ing-ofticer as prescribed by law ; that I will carefully and honestly 
canvass and comidle the statements of the votes, and make a true and correct return 
of the election : So help me God." 

Within ten days after the closing of the election, said returniug-othcers shall meet 
in New Orleans to canvass and compile the statements of votes made by the supervisors 
of registration, and nuike returns of the election to the secretary of state. They shall 
euntinne in session nntil snch returns have been completed. The governor shall at 
such meeting o]>en, in the presence of the said retnrning-officers, the statements of the 
supervisors of registraticni, and the said returniug-officers shall, from said statements,^ 
canvass and compile the ridnrns of the election in duplicate. One copy cd' snch re- 
turns they shall hie in the office of the secretary of state, and of one copy they shall 
nuxke public proelanuition by i)rinting in the official journal and snch other newspa- 
pers as they may deem propiM', declaring the nanu's of all persons and offices voted for, 
the number of votes for each person, and the names of the persons who have been duly 
and lawfully elected. The ret urns of the elections thus made and promulgated shall be 
prima facie evidence in all courts of justice and before all civil officers until set aside, 
after a contest uccortling to law, of the right of any person named therein to hold and 
exercise the office to which he shall by such return be declared elected. 

The governor shall within thuty days thereafter issue commissions to all officeis 
thus decdared (dected who are rei(uired l.y law to lit; commissioned. 

Skc. r>.'i. Be It further en(iele(I,iSc.. That in smdi canvass and compilation the returning- 
oflicers shall obsiMve the following order: They shall compile lirst the statcnu'uts from 
all polls or voting-places at which there shall have been a fair, free and peaceable regis- . 
tration and election. Whenever from any poll or voting-place there shall be received 
the statement of any supervisor of registration, assistant snpervi.sor of registration, or 
eommissioner of election, in form as required by section twenty-nine of this act, on 
aftidavit of three or more citizens, of any riot, tumult, acts of violence, intimidation, 
arm<;d disturl)ance, bribery, (M' coiinpt intluences, which picvt'iited or tended to prevent 
a f.iir, free, and peaceable and full vote of all (iualitied electors entitled to vote at .such 
l>oll or voting-phice, such returning-otlicers shall not canvass, count, or compile the 
statement of votes from such |>oll or voting-place until the statements from all other 
polls or voting-places shall have been canvassed and compiled. The retnrning-officers 
shall tlieii procc'd to investigate the statements of riot, tumult, acts of violence, in- 
timidation, armed disturbance, bribery or corrupt iutlnencesat any such poll or voting- 

H. Ex. 91 10 



146 CONDITK^N OF AFFAIR!^ IX [.OFISIAXA. 

place, and if from tlu> evidence of such statements they shall be convinced that such 
riot, tunnilt, acts of violence, intimidation, armed distiirhance, hribei'v, orcorni[)t in- 
tlnenccs did not materially iiitcrfere with the purity and freedom of the election at 
such poll or votmj^-place, or di<i not prevent a snftieient number of qualilied voters 
thereat from registisring or voting to materially change the result of the election, then, 
and not otherwise, said returning-ofticers shall canvass and compile the vote of such 
poll or voting-place with those ])reviously canvassed and compileil ; but if said returu- 
ing-(i(ticers shall not be fnlly satisfied thereof, it shall be their duty to examine further 
tesrim<iiiy in regard thereto, and to this end tlu-y sliall have power to siMid for persons 
and papers. If, alter such examination, the said re turning- officers shall be convinced 
that said riot, tumult, acts of violeuct', ititimidation, armed disturbance, Vuihery, or 
corrupt influences did materially interfere with the i)urity and freedom of the electiou 
at such poll or voting-place, or did prevent a sntticient number of the qualified electors 
thereat from registering and voting, to materially change the result of the election, 
then the said retnrning-officers .shall not canvass or compile the statement of the votes 
of such poll or voting-place, but shall exclude it from their returns. The returniug- 
ottici rs may appoint such clerks as may be necessary, tor a hiugth of time not to exceed 
thirty days, who shall be paid $') per day eacli for the time actually served, which 
time shall be specified in a written account, subscril)ed aiul sworn to by such clerk, 
and ap|)r()ved by the returuing-officer.s. The auditor of ))ublic accounts shall issue his 
warrant upon the treasury for the amount of such account so subscribed and sworn to 
and apj>roved. 

Si'X'. ;')(). Be il further enacted, 4c-) That it shall be the duty of the secretary of state 
to transmit to tlie clerk of the house of representatives and the secretary of the senate 
of the last general assemlily a list of the names of sucii persons as, acitording to the 
returns, shall have been elected to either branch of the general assembly, and it shall 
be the duty of said clerk and secretary to place the uaiues of the representatives and 
.seiuvtors-elect, so furnished, upon the roll of the house and of the senate, resjiectively : 
and those representatives antl senators whose nanu^s are so placed by the clerk and 
secretary, respectively, in accordance with the foregoing provisions, and none other, 
shall lie competent to organize the house of representatives or senate. Nothing in 
this act shall be construed to conflict with article thirtv-four of the constitutiim of the 
State. 

Sec. 57. Be it further enacted, tfr., That should any of the r<'turniug-officers nanu-d 
in this act be; a candidate' for any office at any ele(;tion he shall be disqualified to act 
as rctnrning-officer for that election, and a majority of the remaining returning-officers 
shall summon some respectable citizen to act as returning-officer ia place of the one 
80 dis(|uaiified. 

Skc. 5^?. Be it farther enacted, tiV., That any civil officer or other person who shall 
assume or pretend to act in any capacity as a commissioner or other officer of election, 
to rciceive or count votes, to receive retnrus or ballot-boxes, or to do any other act 
toward the holding or conducting of elections, or the nuaking returns thereof, in viola- 
tion of or contrary to the jirovisions of this act, shall be deemed guilty of a felony, 
and upon conviction thereof shall be punished by inqirisonmeut in the penitentiary 
for a term not to exceed three years nor less than oiu; year, and by a fine not exceed- 
ing three hundred dollars iu)r less than one hundnd dollars. 

Skc. r-t). Be it further enacted, <fc.. That any jierson or persons who sliall obstruct, 
hinder, or by violence or threats of violence, abusive language, or other species of in- 
timidation, intei-fere with a supervisor or assistant supervisor of registration or com- 
missioner of election, or with any person or jiersons dnly ap[)ointed to exeonte orders 
of the supervisor of registration or commissioners of elections in the discharge of their 
duties, shall be deemed guilty of a ndsdemeaiuu'. and >m conviction thereof sh.all be 
punished by a fine iu)t exceeding three hundred dollars nor less than one huTulred 
dollars, aiul by imiirisoumeut for .a period not exceeding three months nor lt!ss than 
one month. 

Ski;, (if. Be it further enacted. .Vc, That any person or persons who .shall counsel, aid. 
connive at, abi-t, encourage, or participate in any riots, tumults, acts of violence, in- 
timidation, or armed disturbance at or near the office of any supervisor or assistant 
supervisor of registration, on any day of registration or revision of registrati(Ui, or at 
or near any \w\\ m- voting-place, on any day of election, shall be deenu'd guilty of a 
felony, ami on conviction thereof shall be punished by a fine not exceeding five hun- 
<lred dollars nor less than one hundred dollars, and by imprisonment in the peniten- 
tiary for Ji period not exceeding two years noi' less than six months. 

Skc. (it. Be it further nuieled. <Vc., That any iierson who sliall register or cause to be 
registered his name, or that of any other person, as a legal voter, in violation of law. 
or vote, or induce or can.se another to vote, in violation ot the laws, or of the consti- 
tutional provisions in such cases nuide and provided, shall be deemed guilty of a 
felony, and on conviction thcieof shall be punished by a line of not more than five 
hundred dollars nor less than one hundred dollars, and by imjirisonment in the peni- 
tentiary for a jieriod nut less than one year nor more than three years. 



CONDITION OF AFFAIRS IN LOUISIANA. 147 

Sicc. 02. Be it further enacted, <fo., Tliat any person or persons who shall purchase or 
cause to 1»e purchased the resjistration-papers or certiticate of registration of any 
person duly registered according to law, shall he deemed guilty of a felony, aiul on 
conviction thereof shall be punished by a line not exceeding five hundred dollars nor 
less than one hundred dollars, and by iniprisoument iu the peuitentiary for a term not 
less than one year nor more than three years. 

Skc. 63. Be it further enacted, cf-c, That any person who shall vote or attempt to vote 
on any false or fraudulent paper oi' certificate of registration, or upon any paper or 
certiticate of registration issued to a yicrson of her than the one voting or attempting to 
vote on said paper or certificate of registration, shall be deemed guilty of a felony, and 
on conviction thereof shall be punisiied by a, Hue not excelling live hundred dollars 
nor less than one hundred dollars, and by imprisonment in the penitentiary for a term 
not less tiniM one year nor more than three ycsars. 

Sec. G4. Be it further enacted, <f"''-, That any person who shall induce, by offer of 
reward, )jy threats of violence, or otherwise, any person to vote or attempt to vote on 
any false or fraudulent i)aper or certiticate of registration, or upon any papers or cer- 
tificate of registration belonging to a person other tluui the one voting or attempting 
to vote on said paper or certiticate of registration, shall be deemed guilty of a felony, 
and on conviction thereof shall be punisiied by a line not exceeding live hundred 
dollars nor less than one hundred dollars, and by imprisonment iu the penitentiary for 
a period not exceeding three years nor Jess than one year. 

Sec. (55. Be it further enacted, i^-c. That any person who shall vote or attempt to vote 
more than once at the same election shall be deemed guilty of a felony, and upon con- 
viction thereof shall be punished by a fine of not less than one hundred dollars, and by 
imprisonment in the peuitentiary for a term of not less than three years. 

Sec. 60. Be it further enacted, 4'c., That it shall be the duty of anj' commissioner of 
election to forthwith arrest any person who shall vote or attempt to vote more than 
once, and commit him to the parish prison, and to immediately file au information 
against such person with the district attornej- or district attorney pro tempore, whose 
duty it shall be to prosecute such person before the proper couit ; and upon his failure 
so to do, the attorney-general shall appoint some attorney to prosecute such person, 
and also to prosecute such district attorney or district attorney pro tempore for such 
failure. Any supervisor of registration, commissioner of election, district attorney, or 
district attorney pro tempore who shall refuse, neglect, or fail to comply with the pro- 
visions of this section of this act, shall be deemed guilty of a mi.sdemeanor in office, 
and upon conviction thereof shall be removed from office, and punished by a fine of 
not less than one hundred dollars, and imprisonment for not less than three nor more 
than six months. 

Sec. 07. Be it further enacted, Sfc, That any person who shall, by threats of discharge 
from employment, of withholding Avages, or proscription in business, influence or 
attempt to influence any voter in the casting of his vote at any election, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a 
line of not less than live hundred dollars, which shall go to the school fund of the 
parish, and by iui[)risonment in the parish prison for not less than three months. 

Sec. 68. Be it further enacted, c^-c. That any person who shall discharge from his em- 
ployment any laborer, employ^, tenant, or mechanic, who shall have been working for 
such person under contract, written or oral, for a specified time before such time shall 
have expired, or who shall withhold from any laborer, employe, tenant, or mechanic any 
part of the wages diu' to such laborer, employe, tenant, or mechanic, on account of any 
vote which such laborer, employe, tenant, or mechanic has given or purposes to give, 
shall be deemed guilty of a misdenu^.anor, ami on conviction thereof shall be punished 
by a fine of not less than five hundred dollars, one-half of which shall go to the school 
fund of the parish in which the offense was committed, and by imprisonment in the 
jiarish prison for not less than three months. 

Sec. 69. Be it furthoi enacted, tj'c, That any person who shall molest, disturb, inter- 
fere with, or threaten with violence, any commissioner of election or per.son iu charge 
of the ballot-boxes, while in charge of the same, between the time of the close of the 
polls and the time that said ballot-boxes are delivered to the supervisor of registra- 
tion, shall be deemed guilty of a felony, and upon conviction thereof shall be pun- 
ished by a fine of not less than five hundred dollars, or by imprisonment in the peni- 
tentiary not less than one year, or both, at the discretion of the court. 

Sec. 70. Be it further enacted, ^~c., That any person not authorized by this law to re- 
ceive or count khc. ballots at an election who shall, during or after a.uy election, and 
before the votes have been counted l)y the supervisors of registration, ilisturb, dis- 
place, conceal, destroy, handle, or touch any ballot, after Urn same has been I'eceived 
from the voter by a commissioner of election, shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof, be punished by a fine of not less than one hundred 
<lollars, or by imprisonment for not less than six mouths, or both, at the discretion of 
the court. 

Sec. 71. Be it further enacted, <fc., That any person not authorized by this law to take 



148 CONDITION OF AFFAIRS IN LOUISIANA. 

charge of the ballot-boxes at the close of the election who shall take, receive, conceal, 
displace, or [in] any manner handle or disturb any ballot-box at any time between the 
hour of the closing of the polls and the transmission of the ballot-box to the super- 
visor of registration, or during such transmission, or at any time prior to the counting 
of the votes by the supervisor of registration, shall be deemed guilty of a felony, audi I 
upon conviction thereof shall be punished by a fine of not less than five hundred dol-ll 
lars, or by imprisonment in the penitentiary not less than one year, or both, at the 
discretion of the court. 

Sec. 72. Be it further enacted, <S~e., That if any person shall, by bribery, menace, will- 
ful falsehood, or other corrupt meaus, directly or indirectly attempt to intlueuce any 
elector of this State in the giving his vote or ballot, or to induce him to withhold the 
same, or disturb or hinder him in the free exercise of the right of suffrage at any elec-; 
tion in this State, he shall, on conviction thereof, be deemed guilty of a misdemeanor,' 
and be lined not more than live hundred dollars, and be imprisoned in the parish prison 
for a term not exceeding six mouths, and shall also be ineligible to any ofhce in the 
State for the term of two years. 

Sec. 73. Be it further enacted, cj'r., That it shall be unlawful for any person to carry 
any gun, pistol, bowie-knife, or other dangerous weapon, concealed or unconcealed, on 
any day of election during the hours the polls are open, or on any day of registration 
or revision of registration, within a distance of one-half mile of any place of regis- 
tration or revision of registration ; any person violating the provisions of this section 
shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a 
fine of not less than one hundred dollars, and by imjmsoument in the parish jail for 
not less than one month : Provided, That the provisions of this section shall not apply 
to any commissioner or officer of the election, or supervisor or assistant supervisor of 
registration, police officer, or other person authorized to preserve the peace on days of 
registration or election. 

Sec. 74. Be it further enacted, c)V., That no person shall give, sell, or barter any spirit- 
uous or intoxicating liquors to anj- person on the day of election, and any person 
found guilty of violating the provisions of this section shall be fined in a sum of not 
less than one hundred dollars, nor more than three hundred dollars, which shall go to 
the school-fund. 

Sec. 75. Be it further enacted, ^-c, That whoever, knowing that he is not a qualified 
elector, shall vote or attempt to vote at any election, shall be fined in a sum not to ex- 
ceed one hundred doUafs, to be recovered by prosecution before any court of com- 
petent .jurisdiction. 

Sec. 76. Be it further enacted, c^-c.. That whoever shall knowingly give or vote two or 
more ballots folded as one at any election shall be fined In a sum not to exceed one 
hundred dollars, to be recovered by prosecution before any court of competent juri.s- 
diction. 

Sec. 77. Be it further' enacted, <f-c.. That whoever, by bribery or by a promise to give 
employment or higher wages to any person, attempts to influence any voter at any 
election, shall be deemed guilty of a misdemeanor, and upon conviction. thereof shall 
be punished by a line of not less than one hundred dollars, and by imprisonment In 
the parish prison for not less than three months. 

Sec. 78. Be it further enacted, iS'c, That whoever willfully aids or abets any one, not 
legally qualilied, to vote or attempt to vote at any election shall be fined in a sum of 
not less than fifty dollars, to be recovered by iirosecution before any court of comjie- 
tent jurisdiction. 

Sec. 79. Be it further enacted, i^c. That whoever is disorderly at any poll or voting- 
place during an election shall be fined In a sum not less than twentj' dollars, to be re- 
covered by prosecution before any court of competent jurisdiction. 

Sec. 80. Be it further enacted, ^-c, That whoever shall molest, interrupt, or disturb 
any meeting of citizens assembled to transact or discuss liolitical matters shall be fined 
in a sum not less than fifty dollars, to be recovered by prosecution before any court of 
competent jurisdiction. 

Any sheriti, coustiible, or police officer present at the violation of this section shall 
forthwith arrest tlie offender or ofteuders, and convey him or them, as Soon as practi- 
cable, befoi'e the jiroper court. 

Skc. 81. Be it further enacted, <fc., That the court imposing any fine, as directed in 
sections seventy-four, seventy-five, seventy-six, seventy seven, seventy-eight, seventy- 
nine, and eighty of this act, shall eommlt the person so fined to the parish i)rlson 
until the fine is paid: Provided, That said Imprisonment shall not exceed six months. 

Sec. 82. Be it further enacted, i)\:, Tliat in cises where any oath or aifirm;itiou shall 
be administered by any supervisor of n-gistration, assistant supervisor of registiatiou 
or commis.siontir of election, In the performance of his duty as prescribed by law, any 
person swearing or atfirniing falsely in the premises shall be deemed guilty of perjury, 
aiid subjected to the i)enaltles ]>rovided l)y the law for jieijury. 

Sec. 8;{. Be it further enacted, <\'c., That the governor shall take all necessary steps 
to secure a fair, free and peaceable election ; and shall, on the days of election, have 



CONDITION OF AFFAIRS IN LOUISIANA. 141) 

piirainount charge and control of the peace and order of the State, over all peace and 
jiolice officers, and shall have the command and direction in chief of all police officers, 
l)y wlioinsot'vcr appointed, and of all sheiitts and constables in their capacity as officers 
of tlic peace. 

Skc. 84- Ik it further enacted, <|''C., That to defray the (expenses of tlie next revision of 
registration, and of the next gcuieral election, there is hereby appiopriated, out of any 
funds in tlui treasury not otherwise appropriated, the sum of fifty thousand dollars, or 
so nincli thereof as may be necessary. 

Skc. f^^i. lU' it fitrlher enacted, cj'-c. That all laws or parts of laws contrary to the pro- 
visions of this act, and all laws relating to the- same subject-matter, are hereby repealed, 
and that this act shall take effect from and after its passage. 

MORTIMER CARR, 
S2)e(iker of the House of Representatives. 
OSCAR J. DUNN, 
Lientenant-dortrnor and President of the Senate. 
Approved March 16, 1870. 

H. C. WARMOTH, 
Governor of the State of Louisiana. 

A true copy : 

GEO. E. BOVEE, Seeretary of State. 



Exhibit E. 

PROCEEDINGS IN THE STATE COURTS. 

Injunction issued by Judge Dibble, of the eif/hth district court, against re- 
turmng and canvassing board appointed by Governor Warmoth. 

November 14. 
The following? is the original petition filed by tlie attorney-general in 
the eighth district court under au act known as the intrusion in office 
a(;t, to preveut Wharton, Hatch, and Da Ponte, appointed by Governor 
Warmoth, from acting or assuming to be canvassing officers: 

The State of Louisiana, on the relation of the attorney-general, and ou the informa- 
tion of the returning-otiticcrs of elections, to wit, Henry C. Warmoth, Frank .J. Herron, 
John Lynch, James Longstreet, and .Jacob Hawkins, composing the board of said re- 
turn ing-officers, has filed a petition in this court representing that the above-named 
returning-officers of election are duly ([ualified as anvh and for making the returns of 
the election held in this State on the 4th of November instant; that Jack Wharton, F. 
H. Hatch, and Durant Da Ponte are pretending to be such returning-officers and 
attempting to act as such, and are interfering with the above-named returning-officers 
of election in the discharge of their duties as such officers, aiul especially with Frank 
.1. Herron, James llongstreet, and Jacob Hawkins, and are intruding into and usurping 
the office of returning-officer of election, contrary to and in violation of law and the 
rights of petitioner. 

Wherefore the attorney-general prays that said Wharton, Hatch, Da Ponte be cited 
to answer his jKitition ; and th.-it after all due proceedings they be decreed to be intrud- 
ers into and usurpers of the office of returning-officers of election; and that Frank J. 
Herron, .lames Longstreet, and Jacob Hawkins be decreed to be said returning-officers. 

The al)ove petition is signed by Simeon lielden, attoruey-g^ueral, and A. P. Field and 
J. Q. A. Fellows, of counsel. 

November 15. 

On the next day the attorney-general filed the following supplemental 
petition, askiug for an u\]i\nct\on pendente lite : 

The following supplemental petition of the State of Louisiana, ex rel. attorney- 
general, on information of F. J. Herron et al. vs. Jack Wharton, F. H. Hatch, and Du- 
rant Da Ponte, has also been tiled. 

That all the allegations in the original petition are true, aiul in addition thereto 
that the attempt of the said defendants ro act in the manner alleged in said petition, 



150 CONDITION OF AFFAIRS IN LOUISIANA, 

aud to act as the retuiniiig-otiicers of elections, and to act as snch returning-officer, 
will defeat the object of this suit, and render nu>^atory the judgnjent therein prayed 
for, and that an injunction is necessary to prevent such a defeat of the oVyects of this 
suit, and to prevent the law and the rights of the State aud the jiarties in interest 
from being violated. 

Wherefore ))etitioner prays for a writ of injunction against defendants, restrain- 
ing theui from sitting as retnrning-officers of the late election, and from intruding into 
and usurping the office of returning-officer of elections, and from interfering with 
Messrs. Herron, Longstreet, and Hawkins in the discharge or performance of their 
duties. 

Judge Dibble has ordered the defendants to show cause on Saturday, the IGth 
in.stant, at 11 o'clock a. m., why an injunction should not issue as prayed for. Mean- 
while the doi'eudants are ordered to desist from the acts complained of until the hear- 
ing aud determination of the rule. 

The rule nisi for iiij auction came on Saturday, November IG, and was 
continued to Monday, November 18, and was tried. Judge Dibble 
ordered tlie injunction to issue, aud ])ronounced the following oral 
opinion : 

I Extract i'roin Xew Orleans Times.] 

The State of Loui-siaua. on the information of the board of retnrning-ofificers vs. Jack 
Wharton et ah. The argument of this case has taken a much wider range than 
the decision of the court need consider. It seems that the issue made between these 
persons claiming to be leturning-officers of election should be determined upon (pies- 
tions of law, aside from any i)olitical issue that may urge ujiou the attention of the 
court. A petition has been tiled by the attorney-general under an act known as the 
intrusion in office act. It sets forth that H. (_'. Warmoth, John Lynch, F. J. Herron, 
Jacob Hawkins, and James Longstreet are, under the provisions of the general-elec- 
tiou law, the board of returning-ofiicers of election. It charges that F. H. Hatch, 
Durant Da Ponte, and Jack Wharton are illegally assunung and exercising the duties 
aiul functions of the board of retnrning-officers, in violation of law. The ])rayer of the 
petitioners is that the defendants be decreed to be illegally usurping aud unlawfully 
intruding into these ofBces, and lh;it there be judgment for the .State, declaring that 
the State and the persons named and joined with tlie State as plaintiffs be decreed to 
be the board of returniug-ofiticers of election. This petition has simply been filed, and 
as yet no plea has been made thereto, but a supplemental petition was filed by the 
attorney-general joining the persons whom he alleges to be the returuing-officers, iu 
which he alleges that the defendants are likely to so conduct themselves as to render 
it imjjossible for the court to execute its jndgment, should it be iu favor of the persons 
joined with the State, and a prayer is made that the injunction issue against these de- 
fendants, restraining them from acting as retnrning-officers pendente lite. A rule nisi 
was ordered, aud we have heard argumeut on this application. 

To this rule defendants have filed an answer, in which they first plead to the juris- 
diction. of the court, and, .secondly, traver.se the facts set up by the State in the petition 
and supplemental ])etition. It is insisted by tin; counsel for the defendants that this 
court is witluint jurisdiction in this case, because the persons alleged to be returning- 
ofiicers aud the persons charged with illegally intruding into the said offices are not 
officers within the meaning of the act know'n as the intrusion into office act, aud that 
therefore this court has no jurisdiction to determine the issue thiis attempted to be 
made; but the act known as the intrusion into office act Avas enacted as a substitute 
for all statutory provisions regulating writs of quo ivnrranio, by which intrusion into 
common law courts int]uire into the rights of persons claiming to exerci.sethe functu)ns 
of oflice and franchises: and into the statute by which this suit is brought the right is 
given to inquire into the right of persons to exercise franchises, a word which has a 
broad significance, and covers the case at bar. These persons were named officers iu 
the election law, and are claiming to exercise important functions, iu which the whole 
State is interested, and iu which the whole people of the State are interested, and it is 
certainly within thi- jjroviiice of the attorney-general to iufpiire into the right of per- 
sons claiming to exercise the duties of such offices. 

'J'hen passing from the (jnestion of jurisdiction, the defendants make issue with the 
l)laintifl' upon the (piestions of fact set up iu the pc^tition and su))plemental petitions. 
The act known as the election law provides that all returns of election shall be can- 
vassed and declared upon by a board of returuing-officers, to consist of the governor, 
lieutenant-governor, tin; secretary of state, aud John Lynch, and T. C. Ander.son. It 
was urged l)y counsel for defendants that the ]trovision of the law naming tho.se gen- 
tlemen as returning-ofiicers seems to be in violation of that provision of the constitu- 
tion which vests iu the governor of tlie State the api)ointment of officers. But there is 
a special provision of the constitution which gives to the legi.shiture of the State the 



CONDITIOX OF AFFAIRS IN LOUISIANA. 151 

linlit to tiike away tlie powor of the j>"ovt'riiov to appoint officers not vested in liiin hy 
tilt! eonstitntion. 

Then it seems tliat tlie law was valid in assuming to name the persons who shall he 
the i-etnrninji-ofheers of the State. 

Tlie defendants in this rule insist \\\)(h\ this condition of facts : Tiiat on the T2tii day 
of Novemher the hoard of retnrninL;-oflii'ers met ; that all tln^ memhers wijri! jjresiMit, 
except Thomas C. Andeison ; that they ailjourned to meet on the following; day; that 
on tliat day they i>roceeded to and did declan^ that Anderson and Pinchback were not 
iinalilied to sit on the board by reason of havini;' been ('andidati^s at tlie election ; that 
immediately after this decision Jack Wharton, one of the defendants, came into the 
room and jiresented a commission for the office of secretary of state, ami exhibitt^d bis 
oath of office ; that he was thereupon seated as a member of the return inj^- board, and 
that the board as then constitnteil. consistinn- of the governor, John Lynch, and Jack 
Wharton, jirocceded to and did elect F. H. Hatch and Durant Da Ponte as members of 
The returning-board to fill the vacancies existing by reason of the disijiialiHcation of 
Anderson and Pinchback, and that the board is constituted and is now entithsd to jiro- 
ceed to canvass the result of the election. 

On the other hand, it is insisted by the State, and the ]iersoi}s joined with the attor- 
ney-general, that when the board met on the i;?th day of Novtiuilter, Mr. Heiron was 
secretary of state, sat on the board as sccr<!tary of state, and voted in tin? board with 
.lohii Lynch for the election of James Longstreet and Jacob Hawkins to fill the vacan- 
cies aforesaid. 

Affidavits have been filed i)ro and con, and fiom these I gather that, when the boai'd 
met, Mr. Hcrroii took his seat on the KUh of November, and a resolution ejecting Pinch- 
back and Anderson was adopted; that immediately thereafter Ja(;k Wharton appeared 
and claimed his seat as s'ecretary of state ; that Herron then made a motion toelect Long- 
street and Hawkins as members, and that he and Lynch voted, or thought they voted, 
for that resolution : and about the same time the governor moved for the election of 
DaPonre and Hatt^h, and be and Wharton voted for that resolution, or thought they 
voted for it, and that it was adopted. 

It is almost impossible to tell tlie exact time at which these motions were put, and the 
theory I have formed of the case rendms it unnecessary for me to examine this point. 

It seems to irte that the case must turn upon two question of law : first, the validity 
of the commission to Wharton as secretary of state; secondly, upon the validitj' of the 
acts of Herron or Wharton, claiming each to be de facto secretary of state. 

There is no longer any question in l^lie State of Louisiana about the fact that the 
governor has no power to remove any man from office unless the laws of this State 
have explicitly vested in him that power in the specific instance in which he attempts 
to exercise the power. The supreme eonrt has, iu a number of instances, stated this 
doctrine explicitly. Now Herron, on the 13th day of November, was acting secretary 
of state, whatever that office is, and it seems to me that an attempt on the i»art of the 
executive to unconstitutionally exercise his executive will was stricken with absolute 
nullity from beginning to end. But if the commission issued to Wharton is valid, if 
the governor had the power to remove a person temporarily occupying that office, and 
was authorized to commission another person to till the office, it seems to me still that 
Herron was dc facto secretary of state at the time these transactions occurred at the 
meeting on the i;')th of November. The mere issuance of a commission to a person 
does not constitute him an officer. The doctrine of credence given to acts of dc facto 
officers is based on this: that the public has a right to be secure iu the validity of acts 
of officers who, under color of law, exercise functions of office, and have been dealt 
with and trusted by the public. This is the only reason given by courts for holding 
valid acts of persons holding office not dejnre but dc facto ; but iu order to consider an 
act as an act of an officer dc facto he must be in the actual discharge of the functions of 
his office, must be known so by the public, and luust have been dealt with by the pnb- 
iic as a public tiflicer or functionary. 

Mr. Herron was dc facto secretary of state, whether he was so de jure or not, on the 
whole day of the 13th of November. The statutes sent to me are signed by F. .1. Her- 
ron. secretary of state. All the peojile havi; dealt with Herrou as secretary of state; 
and u]) to that hour, on the I3tli day of November, there was not, peiha|'S, another 
])erson, beside the governor, in the State who did not believe Herron to be sccietary of 
state, and who would not have dealt with him as secretary of state if he had had busi- 
ness with that office. The constitution, iu article 1'22, declares, " That all olHcers shall 
icmain in the discharge ol the duties of their respective offices until their successors 
have been inducted into office, excejit in cases of impeachment or suspension." There 
is no evidence to show that Wharton had been inducted into office, and but one mo- 
ment before, in the voti^ taken, Mr. Herron had been recognized by the executive as 
secreVary of state, and Herron had been sworn in as a iiKMiiber of the returning-board 
by the chief justice, iu till' jiresenee ot' the governor, and without any objection on his 
l)art. although it must have been the fact that at the; time the governor permitted the 
eh iel' justice to swear him iu he had issued a commissiou to Wharton as secretary of 



152 CONDITION OF AFFAIRS IN LOlISIANA. 

state, lnit he still recognized Herion as the de-facto officer, and lie was the (h-faclv 
officer. Until a person gets a couiniission and conies in contact with the public, his 
acts are entitled to no credence and i-eceive no validity from the fact that he has a 
♦•oinniission in his pocket. 

I therel'ore consider that, even admitting the commission issued to Wharton is valid, 
which I do not, Herroii was dc facto acting as secretary of state, and that his vote, with 
Mr. Lyiich's vote, elected those ofticers to the board. 

But much has been said at bar in regard to the acts of the executive in his efforts to 
defeat the will of the majority of the rcturning-board, as constituted ou the 18th of 
November, and his acts have betMi so trequently designated as a brilliant coup d'etat, 
that I feel called upon to say that the coup d'clat is not an American institution: it be- 
longs to another country, where they have barricades, and where they meet to organ- 
ize go\eriinients at midnight. Our Anglo Saxon liberty proceeds under processes of 
law, and an individual has no jiower to change the goxeriiiueiit of the people —that is 
done by conventions of the ]ieople, and the laws are enacted by legislatures elected by 
the people, and that in daylight, and their proceedings are published to the world, anil 
no jK-rson, however gieat his jjower, or however pure his motives, has the power .to 
change the nature (four government, or change the progress of its history, or to defeat 
the will of thepeojile as expressed in their laws. 

It was tlie desire of the legislature when it enacted the election law, that the board 
of retnrning-officers should consist of certain persons, and care was taken to select per- 
sons reiueseiiting both political jjarties, and it Avas without the power of the executive 
to defeat this will. 

I conclude that the court has jurisdiction to try this casennder tin; intrusion in office 
act. and that the returniiig-officers are officers within the meaning of that act. I hold 
that Herron is still secretary of slate; that his vote on the loth of November deter- 
mined the election of Longstreet ard Hawkins to the board ; that at ,ill events, whether 
he was secretary of state de jure or not, he was so dc facto, and that by his vote Long- 
street and Hawkins were selected as members of the board. An injunction may prop- 
erly issue as a sn])pleuiental proceeding to a suit under the intrusion in office act. The 
object is to deci(le who is entitled to exercise the duties and functions of the office. 
The duties of the returning-board are soon completed, and if, pending the issue, the 
defendants attempt that which renders the suit inoperative, the court may pro{»erly 
i.ssne its restraining order. 

From these considerations the rule nisi will be made absolute, and the injunction 
issued as prayed for. , 

Tilt' whole coiitrover.^y in relation to the leturiiiiio-boaid has now 
been ayipealed to the sui)ieine eoiiit, and will eome np for heariug Jan- 
nary loth, as will be seen by the follo\viii<;- inoeeedings: 

SUPERIOR DISTRICT COURT. 

THK .XTrOUXEV-GKNEKAI, AND THE KKTl'lJXIXfJ-nOARU. 

Cohniel A. P. Field has filed a petition in this court, representing that at the last elec- 
tion held in this State he was duly elected attorney-general, and has been .so returned 
as «'lected by the returning-boiird, and commissioned as such. 

Colonel Field represents that he is interested in the result of the suit of the Siate ex re- 
latioui the attorney-general, on information of returning-officiMs vs. Jack Wharton et alu.; 
that the jdaintiffs in said suit are the legal retiirning-othceis and board of the election by 
whiili lie was legally returned as elected ; that the jiidgnieiit in said ease is opi)osed to 
plaintiff, which jeoi»ardizes the position of jietitioiier in liis.said ottice. whereby hehasan 
interest in having said judgment reversed and set aside.. 

Wherefore he prays for an appeal suspi'usive and devolutive to the supreme court. 

Hon. B. L. Lynch, judge of the fourth district court, acting in ))lace of Hon. .1. 
Hawkins, judge of the superior district court, has granted an appeal returnable to the 
supreme court, on the lirst Monday in January, lH7;i. 



Action of ihfi Hiiprcme court of Louisiana on the commissions issticd by 
Governor ^VartuoiJi upon returns made by the Wharton board. The 
court refused to recognize such comynissions. 

On Saturday, November 1*4, Mr. H. X. 0«i(len, to whom Governor 
Warmoth issued a commission as attorney-geueral, presented his com- 



CONDITION OF AFFAIRS IN LOUISIANA. lf}0 

mission to the snpieine court, and asked to be recoi^nized, Tlie coiut 
refused to recof^nize him. The following- is an account ])ubli8hed in the 
court reports of the New Orleans Rei)ublican : 

SUPREME COURT. 

Mr. H. N. Ogden, coiiiiiiissit>iio(l as attorney-goneral, culloit on Mr. Beldeu on Thurs- 
day, and durinj; that day and I"''riday tlu) latter was busy in makinjj a transfer of the 
office. Yesterday uu)rnin<f the late attorn(;y-<>cnoral introduced Mr. Ogdcn as hi.s suc- 
cessor, and presented liis coinniission. 

The court, throtigh Chit-f .Justic(! Ludtdiiij;', stated that the application for recogni- 
tion would he taken under advisenuMit, and requested Mr. Ogth'u t(» present authorities 
in support of his apjilication. No action will be taken before the next sitting of the 
couit, which will take place on the 2d of December. 

This ai)i)licatiou was never passed upon. 

The validity of the conunissions issued by Governor Warnioth to 
jtersons returned by the board ai)pointed by him, has not come directly 
before the supreme court; but, as evidence that the su2)reme court did 
not recognize such commissions, attention is called to the fact that 
Sheriff Saniruet was continually recognized as the sheriff of the court 
notwithslandiuo- the commission issued by Warmoth to W. P. Harper, 
wlu) was returned by his board. 

DectMuber 19 Governor Pinchback issued a commission to Mr. Har- 
]»er, who was regularly returned by the Lynch board, whereupon Mr. 
Harper presented his comn)ission to the supreme coui't and was formally 
recognized. The following account is given in the New Orleans Repub- 
lican : 

SUPREME COURT. 

Sheriff Harper, through his counsel, applied yesterday to the supreme court to be 
recognized as the civil sheriff for the parish of Orlean.s. 

Upon examination of hi.s bond by the court, it was observed that it had been ajijiroved 
l>y the recorder of mortgages anterior to the date of the commission presented for the 
inspection of the court. 

The conaaission is issued by Acting Governor li. B. S. Pinchback. 

The court took occasion to notify Mr. Harper that should he present the bond in 
]iroper form, and as required by law, he would be recognized as civil sheriff. 

The court remarked that they did not recognize his official capacity before the date 
of his last commission, issued by Governor Pinchback. 

Attorney General A. P. Field was dul.v commissioned by Governor 
Pinchback, and was Ibrmally recognized by the supreme court, Decem- 
ber 17. The following editorial account of such action appeared in the 
New Orleans lJe[)ublictin, December 18: 

Altorney-Geueral Field yesterday presented his commission to the supreme, the su- 
perior, and the first district courts, by all of which he was readily and courteously rec- 
oguiziMl. In the two first-named tribunals there was nothing beyond the ordinary 
proceedings in .such cases, but on presenting the commission to Judge Abell, that vet- 
eran jurist embraced the ojiportunity to indulge in some refl(?ctious u])on the situation. 
Colonel Field was accompanied by .John Ray, esq,, ex-Attorney-General Beldeu, ex- 
Judge Duvigneaud, and a uiunber of other old memb(>rs of the bar, who appeared as 
his personal and professional friends upon thi^ occasion. Judge Abell ordered the com- 
mission to be spread upon tlu^ minutes of the court, at the same time expressing his 
gratification that he was to be brought into such close official connection with a man 
whom he had known and respected so long as he had (Jolonel Field. Their first ac- 
(luaiutance dated back more than a (piarter of a century, and their intercourse had 
been uniforndy }»leasant. To this the attorney -geneial responded by complimenting 
Judge Abell as an impartial and honest jurist, and one in whose Ininds the interests 
committed to him liy tlie State were safe. After «ome furtlier interchange of eomi)li- 
ments and a few suggestions in regard to old cases on the docket, tlie interview ter- 
minated. 

Judge Abell yesterday ai)pli('d to Governor Pinchback for his conunission, which was 
readily given. Thus we understand that all the law-oftic(!rs elect of the parish now 
bold conunissions in proper form, and are entitled to the obedience and respect due to 
their resi)ectivc iiositions. 



154 CONDITION OF AFFAIRS IN LOUISIANA. 

Governor WarmotJi's seizure of the courts in New Orleans. 

It became necessary for Governor Warmotli to seize possession of the 
eighth district court and the sheriff's office. Accordingly, November 
21, he issued commissions to W. A. Ehnore, as judge of the said court, 
and to W. P. Harper, sheriff, and to other officers. At that time no re- 
turns had been made at all. War moth, before the United States court, 
swore that he issued the commissions upon "general notoriety" of the 
elections of the persons commissioned. 

On the morning of November 22, Elmore proceeded with an armed 
mob, and seized the eighth district court before the hour to which the 
court had adjourned. At the hour of eleven Judge Dibble arrived with 
Sheriff Saiiirnet, whom he directed to open the court. Both judge and 
sheriff were then forcibly ejected by the mob under the dire(;tion of 
Elmore. Judge Dibble at all times subsequently claimed to be judge of 
the court. The following letter addressed by him to Elmore explains 
itself: 

Judge Dibble to Judge Ehnore. 

New Orleans, December ?,, 1872. 
Sir: In ordei' that there may be uo misapprehtnision of my position, I liereby give 
you notice that I still claim to be judge dejure and de facto of the eighth district court for 
the parish of Orleans. I am now restrained by overpowering force from exercising the 
functions of my office ; but at the proper time, when the constitution and the laws are 
respected and obeyed or enforced, I will resume the discharge of my duties. Meanwhile, 
I consider all acts done by you under assumption of judicial authority as coram non 
judice. 

If, when the results of the recent election are legally ascertained, j'ou are found to 
liave been chosen to the office, I will be the tirst to recognize you. 
Very respectfully, 

HENRY C. DIBBLE. 
Hon. "W. A. Elmore. 

And the following : 

[Conimunlcated.] 

LETTER FROM JUDGE DIBBLE TO THE TIMES. 

New Orleans, December 5, 1872. 
Editor Xew Orleaus Times : 

Your correspondent, who assumes to criticise my letter to Judge Elmore, is mistaken 
in every particular wliere he attempts to show that I have done anytliing which could 
be construed into an abandonment of my claim. I did not apply to the suin-cine court 
for a writ of prohibition. I did not consent that any one should make such an appli- 
cation for me, and no such application was made in my name or in my behalf. On the 
contrary, I advis(Ml that such an ajiplication ought not to be made, knowing that the 
su^jrenu! court is without jurisdiction to issue th(,> writ, except in immediate aid of its 
appellate jurisdiction. I made no agreenu^nt with .Judge Elmore to submit any such 
question. I stated to him that if the superior courts would sustain his action, 1 would 
acquiesce, but until then I should claim to be the judge. 

I have not ai)pi!ared as counsel or attorney in the eighth district court, or in any 
other court, eitlmr to move for a continuance or for any other proceeding. An appli- 
cation for a writ or mandiunus against me, as president of the school board, was pend- 
ing in the eighth di^strict court. I refused to appear personally to nuike any motion in 
the case, even in my own l)ehalf. 

I have never stated that I recognised the right of Mr. Elmore to occni)y the bench of 
the eighth district court. I have never written a letter to Governor Warmoth or to 
any one else containing any such statenumt. On the contrary, I said to Governor 
Warmoth and others that I contemi)lated tendering my resignation. I wrote a letter 
to that effect, but I afterward reconsidered my determination, and did not send it. My 
intiMition to resign iuiplird that I clainu'd to be jndgi;. 

I stated to Judge Elmore, in the presence of one of the editors of tlie Times, that I 



CONDITION OF AFFAIRS^ IN LOUISIANA. 155 

still believed myself to be the .juilge of the eighth district court, but that I would uoc 
seize the ottice by violeuce ; that I would give hiui due notice of auy action I might 
propose to take. 

I regret oxceedinglj- the position I have felt myself bound to assume, but I have 
done whnt I believed to be ray duty. I hold a public office under the constitution and 
laws of the State. I- am required by article 122 of the constitution to remain in the 
discharge of my functions until my successor is inducted into office. No man can 
be legally inducted into oftice until it has been legally ascertained that he has been 
elected. In contemplation of law I believe Mr. Elmore has not been elected, and 
the commission held by him is as absolutely void as if it had been issued to a female, 
to a minor, or by an ex-governor. Were I to consent to his taking the office, I would 
be giving countenance to a palpable violation of the constitution and laws of the 
State. 

A person who seizes a judicial office by violence, and who holds no other commission 
than one which imports absolute nullity upon its face, when considered in connection 
with the laws of the State, and those public acts of which courts take judicial cog- 
nizance, does not hold office undercolor of title, and is not a de-facto officer. I believe 
that every judgnumt rendered and order made by the learned gentleman who assumes 
to ])reside in the eighth district court is null and void. I believe that the courts will 
so decide when the issue is made and presented. 
Very resj)ectfiilly, 

HENRY C. DIBBLE. 

Tlio supreme court did not recoij;uize Mr. Elmore. At oUe time he 
refused to execute a decree rendered by them, and he was attached for 
coiitemi)t, Sheriif Sauiruet serviug the process, aud was committed to 
prison lor ten days and tined $50. 

SUPREME COURT. 

This tribunal was in session yesterday morning. Present— Chief Justice Ludeling 
and Justices Taliaferro, Howell, and Kennard. 

The rule for contempt taken by Simeon Belden, attorney-general, on the information 
of George E. Bovee, secretary of state, against Judge W. A. Elmore aud E. T. Man- 
ning, clerk of the eighth district court, was decided by imposing a fine of i^oO on 
.Judge AV. A. Ehnore, and conuuitting him for ten days in the parish prison, and Mr. 
Planning .$.^)0 tine aud live days in the parish prison. 

In the matter of the mandamus'case of George E. Bovee vs. the judge aud clerk of 
the eighth district court, and wherein the writ was made absolute, a copy of the decree 
of the supreme court in said case was yesterday served upon E. T. Manning, clerk of 
the eighth district court, ordering aud comnninding him to issue the necessary papers, 
ordering the civil sheritf of this parish to put the relator, Bovee, in quiet and undis- 
turbed possession of the office of secretary of state. 

The clerk issued the papers in obedience to the said order of the supreme court. 

In the afternoon Judge Elmore was released from prison, having been pardoned by 
Governor War moth. 

Elmore obtained an injunction against Judge Dibble. The following 
is an account of the hearing of the rule from the New Orleans Kepubli- 
cau: 

EIGHTH DISTRICT COURT. 

The eighth district-court room was guarded yesterday morning by a posse of (lei)nty 
sheriffs, as it has been for stjvtTal days, and their heretofore placid existence snlt'end a 
sudden and rather startling rii)ple by the entrance into the court-room, at 10.4.") a. m., 
of Judge Dibble, whose ai)pearance was the signal for very quick movements on the 
part of the sheriifs. two of whom took up their positions at either entrance to the 
bench, prepared to heroically defend the portals of that si)0t. 

Contrary to expectation. Judge Dibble very quietly took a seat outside in the court- 
room. 

It now trans]>ired that .Judge Dibble had put in an appearance for the trial of an in- 
junction suit of William A. Elmore rs. H. C. Dibble, for the possession of the office of 
judge of this court, fixed for hearing. The petition of Judge Elmore in the case has 
already been published. 

The answer of Judge Dibble is as follows: 

1. That in order that his riglit may be protecteil in the premises, and in order that 
he may not render himself liable to be defeated in his rights by a plea of estoppel or 



156 CONDITION OF. AFFAIRS IN LOUISIANA. 

judicial admission, respondent respectfully insists that the honoral)le judge before 
whom these proceedings are held is not jiulge de jure of the fifth district court afore- 
said; respondent fnrther insists, in consonance with the theory of his defense and with 
a view to the protection of his rigiits, that inasmuch as he. resi)ondent, is de jure anil 
rfe/rtc/o judge of this court, that uo other district judge can legally or constitutionally 
preside in this court until this respondent has recused himself, and has requested such 
otlier district judge to preside in his place ami stead. But now this respondent, with- 
' out waiving his own right to resume this ilischarge of liis functions only for the pur- 
pose of defending this action to be tried, admits that the honorable judge before whom 
these proceedings are hail is de yVirVo judge of the said fifth district court, by reason of 
the abandonment of the office by his predecessor, and resyiondeut now formally waives 
the right which hi; chiims to diisignate the judge who shall act in this case, and in con- 
sonance with thi; theory of his defense, dec'larcs himself secure herein. 

Further, respondent stat(^s that he was never legally divested of his right to exercise 
tlie duties of his ofilice of judge of the eighth district court, and that said Elmore never 
was legally commissioned ; is therefore occupying such office without authority of law ; ' 
aud therefore resi)ondent denies that in coutemi>latiou of law plaintiff has been com- 
missioned judge of this court. Respondent especially denies that plaintiff has ever 
been inducted into the office of judge of this court, or has ever held said office by color 
of title on any legal authority. 

Respondent shows that on the — day of November, 1872, the said plaintiff, aided aud 
assisted by an armed mob, seized forcible possession of this court, excluded this respond- 
ent therefrom by violence, aud has held the office by force and violence from that time to 
this, all of which will Ik; fully and conclusively shown. 

Defendant flum assuming the position of plaintiff in recouventiou, avers that he is 
de jure uu<l de faelo judge of the eighth district court; that he has the right to exer- 
cise said office \\ithout molestation until a successor shall have been elected and legally 
commissioned in conformity to official promulgation. 

He avers that there has been no canvass of votes cast at the late election, and no 
promulgaticm of the electmu of his successor; that, notwithstanding this, the said W. 
A. Elmore is interfering with plaintiff and jirevents him exercising the duties of said 
office, and for this plaintiff has suffered damages in the sum of $1,000 ; that he does not 
admit that an injunction suit as stu'h can be maintaiued for the possession of a public 
office; wherefore, without being committed to the legal propriety of these proceedings, 
plaintiff, in reconvention, shows that it is necessary that a writ of injunction issue to 
restrain defendant from interfering with petitioner in the discharge of his judicial 
functions. 

The petition closes with a prayer that W. A. Elmore be restrained from exercising 
any of the duties of the office of judge of the eighth district court, from interfering 
■with the ]»ef itioner in his right to exercise the same : aud, furthernmre, that he be con- 
demned to pay to plaintiff iu reconvention the sum of .$1 000. 

.ludge F. N. Cullom occupied the bench for the trial of ihis case. 

Mr. John K'ay, who apjieared for resiiondeut, after reading the petition and answer, 
recpiested of tlie court that it order the issuance of the rule nisi prayed for iu the 
answer in rcconvt'ution. 

To this .Judge Culhmi rejilied that he desired to hear arguments. Thereupon, .Judge 
Cooley, Mr. Ray, and Judge Dibble argued the case at some length, at the conclusion 
of which tin; court announced that the matter would be taken under advisement. 

December 11, the legislature passed an act abolisliiiig the eighth dis- 
trict court and creating" the superior district court for New Orleans. 
The incumbent of the new court has held all acts of Elmore coram non 



11 



CONDITION OF AFFAIRS IN LOUISIANA. 157 

Exhibit F, 

PROCEEDINGS IN THE UNITED STATES COURTS. 

Circuit court of the United States. 

New Orleans, 'November 20, 1872. 

Wm. Pitt Kellogg i 

vs. [■ No. — . lu equity. 

H. C. Warmoth et als. ) 

argument of T. J. SEMMES, Esq. 

May it please yonr honor, I cannot helj) feeling gratified at the course 
which your honor, witli that sagacity and intelligence with which jus- 
tice is administered in this court, adopted in taking- the view tiiat the 
rule for contempt should await the argument upon the merits of this 
cause : because your honor, as a very well educated lawyer, foresaw 
that, under the established rules of chancery practice, even if the par- 
ties had been guilty of the alleged contempt, if the order should be re- 
voked which had been granted on the hearing-, the contempt would 
necessarily fall with the revocation of that order; as it is well known in 
chancery that the dismissal of the bill revokes the rule for contempt. 
This was decided by the Supreme Court of the United States itself in 
the great case of the Wheeling bridge. There an injunction had been 
granted, directing- that the parties engaged in the construction of the 
Wheeling- bridge should cease to go on with it. Nevertheless, dui-ing- 
the adjournment of the court, they j)ersisted and constructed the bridge. 
When the court met, an act of Congress in the meanwhile having been 
passed which legalized the construction of the bridge, the question came 
up whether the court would or would not i)unish these parties for con- 
structing- the bridge in violation of the injunction. By a divi<led vote 
they refused to punish for contempt, upon the ground that, the act hav- 
ing been legalized, they had no authority to jainish for tlie act which 
had been done, and which at the time that the application for ])unish- 
ment was made was legal. So, in the courts of New York a decree was 
granted enjoining- a i)arty from doing an act; he violated the injunction 
pending an appeal; on appeal the judgment was reversed, and the 
court then refused to punish for contempt after the reversal of the judg- 
ment, the legal principle being that, if at the time that the person is to 
be punished the order or decree of the court is revoked or the suit dis- 
missed, the conteuipt, if any, ends and ceases to exist. Therefore, I say 
it was very proi)er for your honor to do as you have done — to await the 
argument of this case upon its mijrits, as to the granting or non-grant- 
ing of this injunction, before .nou would act upon the question ot con- 
tempt. 

The preliminary question, may it i)lease your honor, in regard to the 
jurisdiction of the circuit court of the United States over the subje(!t- 
matter of this case, in so far as it is presented by the bill, recjuires a 
slight analysis of the bill itself in order to ascertain what the case is, 
what object is had in view by the case as i)resented in the bill, and what 
relief is sought for by it. Now, sir, what ai-e the allegations m the bill? 
That ten thousand persons of color, entitled to registration under the 
laws of this State, were, prior to the election, refused registration, on 
the ground of race, color, and i>revious condition of servitude, and 
thereby, in consequence of the refusal of the rigid of registration, they 
were deprived of their votes; and that thege ten thousand \oters thus 



158 CONDITION OF AFFAIRS IX LOUISIANA. 

refused, if they had been registered, woidd have voted for the coin- 
phiinaiit iu this bill as candidate <br governor ; and the farther allega- 
tion is, that the evidence of the refusal of the right to vote of these ten 
thousand voters thus refused registration has been preserved by virtue 
of tiie [)rovisions of the act of Congress approved in ^lay, 1870. 

The next allegation is, that the supervisors of registration have sup- 
pressed a sufficient number of votes, which if they had not been sup- 
pressed would have been adequate to the election of Kellogg, the com- 
l)lainant in this bill, as candidate for goverimr. But, if I have read the 
bill riglit, the votes suppressed are not alleged to have been sui)pressed 
on the ground of race, color, or previous condition. 

The next allegation in the bill is, that through the instrumentality of 
an illegal board, consisting of F. H. Hatch, Durant DuPonte, and Jack 
Wharton, unlawfully elected iu the manner described in the bill, the 
governor desires to fraudulently do — what? The object of creating this 
fraudulent board, according to the allegations of the bill, is to do the 
only thing which the board of canvassing officers could do to ali'ect the 
election ; and that is. to exclude the votes of certain i)arishes, upon 
grounds stated in tiie election bill — on the ground of the voice of the 
said parishes not being fairly heard, on account of intimidation, or vio- 
lence, or tumult. Tlie allegation, therefore, is not that this fraudulent 
board is going to exclude tlie votes on account of race, color, or previous 
condition, because such allegation could not be made; it would be utterly 
impossible. When the commissioners are called on for the purpose of 
examining the question whether, on the ground of fraud, intimidation, 
or violence, a certain poll should be excluded, necessarily the whole i)oll 
is excluded, white and black, and the allegation could not be made, and 
has not been made, that the object of the governor was to exclude votes 
which had been deposited, on account of race, color, or previous con- 
dition. ^Vhat remedy does the l)ill ask? It asks that your honor shall 
interpose in this conflict between these two boards, each claiming to be the 
legitimate returning-officers, and, by way of injunction, todetennine which 
is the legal board, and to arrest the action of the one, and compel the 
governor, who is charged umler the law with the possession of the votes, 
to open and submit them to the investigation of the other. Tou are, 
then, called upon, by an injunction in chancery, to determine who are 
and who are not the legally constituted ofticers of the State, charged 
with this dnty. And you are called on to do that in conjunction with 
and as part of — what ? Not in a case where you are called on to decree 
ultimate and tiiud relief, but in a bill, only a bUl, to perpetuate testimony 
— a bill based exclusively upon the ground that Mr. Kellogg, by the 
state of things existing, is already defeated, and that, under the act of 
Congress of 1870, being defeated, he proi)oses to contest the election of 
Mr. McEnery; and l)efore he can bring this suit as a defeated can- 
didate and assert his rights, you are asked to interpose as a court of 
chancery, by way of a bill to perpetuate testimony, and arrest the count- 
ing of these votes by the governor and his board, upon the allegation. 
unsup[)orted b.v any proof whatsoever, except the allegation of the com- 
plainant in the bill, that if you do not interpose, the governor and all 
his colU^igues will be guilty of the high crime and misdemeanor of alter- 
ing, defaxMug, and suppressing these returns which have been thus made. 
That is the case. When 1 have stated the case to an educated mind in 
the legal profession, (and I have stated a case which concedes that the 
act of Congress of 1870 is constitutional, which question I leave to my 
colleagues to discuss,) I have stated a case not embraced within tlie 
provisions of the act ; a cas^ not within the power of a court of chaiu^'ery. 



CONDITION OF AFFAIRS IN LOUISIANA. loU 

if it be within tho provisions of the act; a cjise in which Congress has 
nowhere (lele.iiated the antliority to this coiut to intei'pose for tlie pur- 
l)()se of <irantin.!;;- the relief })raye(l for in tlie bill. 

Is it necessary, sir, for nie to read tlie act of ('ongress ! 1 sni)pose 
that almost evei-y one, since the pendency of this iniportaut controversy, 
has read it. The jnrisdiction of the court is avowedly based upon one 
section only, and that is section twenty-three : 

That whenever any person shall be defeated or deprivtul of liis election to any ofiice; 
<xce|)t clectof^for President or yice-President, or Dele<^at;.> iu Congress, or member of 
the State leirislatnre, by reason of the denial to any citizen or citizens wlio shall offer 
to vot<>, of the rigiit to vote, on account of race, color, or previous condition of 
servitutle, his right to hohl and enjoy sncii ofliee and the emoluments thereof shall not 
be impaired by such denial ; and such person may biing any ajtpropriate suit or pro- 
ceeding to recover i)osse8sion of such office; and in cases where it sliall appear that tin- 
sole (pu'stion touching the title to such ofliee arises out of the denial of the ri<'ht tn 
vote, to citizens who so offer to vote, on account of race, color, or previous condition of 
servitude, such suit or proc(Hjding may l>e instituted in the circuit or district 
court of the United States of the circuit or district iu whicli such i)ersou resides. And 
said circuit or district court shall have, concurrently with the State courts, jurisdiction 
thereof, so far as to determine the rights of the parties to such otitice by reason of tlie 
di'inal of the right, guaranteed by the lifteenth article of amendment to the Con- 
stitution of the United States and secured l)y this act. 

Your honor will therefore observe that it is a special jurisdiction con- 
ferred upon this court, and it is unnecessary for me to refer to authori- 
ties to establish the proposition that the jurisdiction of the courts of the 
United States is limited by acts of Congress, and that, although the 
courts, under the constitutional amendment, may be enabled to exercise 
a more enlarged jurisdiction than that actually conferred by the acts of 
Congress, yet the arm of the courts is paralyzed until the jurisdiction 
which, under the Constitution, Congress can confer is actually conferred 
by a specitic enactment upon the courts. Therefore, in all cjuestions be- 
fore the circuit court of the United States, we call upon the])arties who 
invoke the interposition of those courts to produce an act of Congress 
under which those courts can exercise the constitutional functions which 
they propose to exercise or whi('h the parties invoke. Now, what is the 
jurisdiction confeired ? The jurisdiction is conferred upon the court to 
give relief — to whom '? To a person who, being a candidate for ofiice, is 
defeated or deprived of that office in coiise(]uence of the deuild of the 
right to vote secured by the fifteenth ikmendment to the Constitution of 
the United States, to wit, the right to vote to persons being ot a certain 
race, color, or i)revious condition of ser\itude. And the act goes on to 
declare that such person may bring his suit when it shall api)ear that 
the sole question touching the title to such office arises out of the denial 
of this constitutional right. 

Therefore, sir, I say that no case, either in law or in chancery, can be 
instituted iu this court for the purpose of obtaining possession of a State 
office, except upon the sole ground that the right to the office has been 
defeated by the denial to citizens of the riglit to vote on account of 
race, <;olor, or i)revious (;(uidition of servitude; that if there be other 
causes; if there be frauds practiced upon black and white; if there be 
votes excluded for any other cause than the cause assigned by the con- 
stitutional amendment, the court has no jurisdiction to iinpiiie into the 
subject; and, therefore, the only part of this bill which the court of 
chancery can entertain — supposing it to be a bill which a court of chan- 
cery can entertain at all — is that part of the bill where it is alleged that 
citizens have been excluded from voting or registration on account of 
race, color, or previous condition of servitude : and if that be all, and 
this be a bill to perpetuate tesiimony, upon their own statement the bill 



160 CONDITION OF AFFAIRS IX LOUISIANA. 

is unnecessary ; and why ? Because they say — and they have brought 
the evidence i)etbre your honor — that the evidence has been preserved 
under tlie act of ('onjiTess, and tliey liave got the evidence in their 
l)OSsession and we have it not. What do they want a bill of discovery 
for, when they come in here and tell us " we are defeated by the rejec- 
tion of ten thousand votes, and we have the evidence in our possession ?" 
Aiul yet you are to enjoin the governor of this State and the legitimate 
board from counting votes — not rejected votes, because they could not 
be counted ; not votes the evidence of which has been annexed to these 
returns and to be submitted to this fraudulent board; no, but votes the 
evidence of whi(;h, if tliey be legal votes, they have already in their 
possession, and now bring into this court, where you are asked to inter- 
pose to perpetuate testimony. They say there are votes suppresseil. 
And grant tliat the allegation be made that they are suppressed on ac- 
count of race, color, or previous condition of servitude, then they are 
suppressed; then they do not appear upon the returns; then they have 
not been counted ; then they could not be counted ; then the returns 
do not show these suppressed votes; then, what do you come liere to 
discover ? 

You allege a fraud, not only against the sui)ervisors of registration, 
(and these are the only peo])le who are charged as combining with the 
governor to accomplish the stupendous frauds stated in this bill.) but 
you charge a suppression of votes, which could not be accomplished 
except tlirougli the connivance of the commissioners of election, not 
appointed by the governor, and against whom no charge has been uuule. 
You say they have suppressed votes, for they could not be sup[)ressed 
in any other way. They have not counted the votes; they could not be 
counted in any other way but by a refusal to count them by the com- 
missioners of election. You have alleged a fraud in which four parties 
must participate, the supervisor of registration as well as the three 
commissioners of election, without charging fraud against the commis- 
sioners of election, and you say they have accomplished the suppres- 
sion of votes, which are. therefore, not stated in the returns now on tile 
in the governor's otitlce. And yet you say that this court has jurisdic- 
tion by way of a bill, for the pur[>ose of perpetuating that which the 
goveriioi* could not by anv possibility have in his possession. Then you 
say that these returns are to be manipulated, are to be altered, are to 
be mangled; this could not be on account of race, color, or previous 
condition. Who is to do this ? You say the governor and his fraudu- 
lent board, and you want testimony to perpetuate the returns as they 
are. Look at the law, and your honor will perceive that it is utterly 
impossible that this fraud should be perpetuated as alleged, and in 
the mode alleged, without going through the courts of all the districts of 
this State and destroying there the records of those courts. Section 29 
of the election law of 1870 says : 

That in any parish, prfcinct, ward, city, or town, in which, durinn; the time of regis- 
tration or revision of registration, or on any day of election, there shall be any riot, tu- 
luult, acts of vioh'nee, intimidation, armed distnrbance, bribery, or corrnpt influences, 
at any {dace within said parish, or at or near any poll or voting-place, or phtee of regis- 
tration or revision of registration, which riot, tumult, acts of violence, intimidation, 
armed disturbance, bril>ery, or corrupt intiueuces, shall prevent, or tend to prevent, a 
fair, free, peaceable, and full vole of all the qualiiied electors of said parish, precinct, 
ward, city, or town, it shall be tlie duty of tlu' commissioners of election — 

And here there is no fraud charged against these commissioners — 

— if sucli riot, tumult, acts of violence, intimidation, armed disturbance, bribery, or 
corrupt iutiuences occur on the day of eh'ctiou, or of the supervisor of registration, or 
any assistant snjjcrvisor of registration of ilie parish, if they occur during the time of 
registration, or revision of registration — 



CONDITION OF AFFAIRS IN LOUISIANA. 161 

Your honor will observe tliat tlic commissioners of election perform 
tliis duty ou the day of election, and the supervisor of registration upon 
the day or at the time of registration — 

— to make in duplicate, and under f>ath. a clear and full statement of all the facts re- 
lating tliereto, and of the effect produced hy such riot, tumult, acts of violence, intimi- 
dation, armed disturbance, bribery, or corrupt influences, in preventing a fair, free, 
peaceable, and fall registration, or election, and of the nund)er of qualified electors de- 
terred by fiuch riot, tumult, acts of violence, intimidation, armed disturbance, bribery, 
or corrupt iiiduences, from registering or voting, which statcMuent sliall also bo corrob- 
orated under oath by three respectable citizens, qualified electors of tlio parish : Wheu 
such statement is made by a commissioner of election, or assistant supervisor of regis- 
tration, he shall forward botii copies to the supervisor of registration immediately on 
the close of the election. The supervisor of registration shall forward one copy of all 
such statements, whether made by himself, or i)y a commissioner of election, or hy an 
assistant supervisor of registration, to the governor, and shall deposit ouo copy with 
the clerk of a district court of the parish. 

So, sir, we are, of course, to presume that if all these statements 
have been made, which, under the fifty-third section of the bill, must 
be statements of that sort to give this returning board jurisdiction to 
act at all; and if Governor Warmoth should determine to destroy all 
of these statements, still certitied duplicates are tiled with the clerks 
of all the district courts of the State, and therefore there is no necessity 
to perpetuate that testinu)ny. What is there, then, to be x)erpetuated ? 
Is it the list of voters, or the count, whether fraudulent or otherwise, 
which has been made by the commissioners of election ? The law pro- 
vides for triplicates of those — one to be sent to the governor by a 
special messenger, one to be sent by mail, and the third to be preserved 
by the commissioners of election. Therefore, there is running through 
the whole system a preservation of duplicates and records of all these 
statements, and of all of the counts, and of all of the returns ; and it 
would be a futile act ou the part of the governor, with a view to defeat 
a particular candidate for the office of governor, to resort to the crime — 
the high crime — with which he is charged, of the intention to manipu- 
late these returns ; and, in addition to that, to destroy and suppress 
them. And, sir, when you come to consider in this connection that this 
charge is made by a candidate for the office of governor, and not by a 
candidate for any other office in the State; when in this connection and 
in connection with that oflice you come to consider the constitutional 
provision as to who shall be the ultimate returning-board to determine 
the election of governor and lieutenant-governor, you will find that this 
party, before he could institute this suit, as he prolesses or says he intends 
to do, has a remedy beyond Goveriu)r Waruioth ; has a remedy beyond 
this returning-board; he must show that their action would be final 
and conclusive. Their action, so far as he is concerned, so far as the 
office of governor and lieutenant-governor is concerned, is in no manner 
obligatory upon the two houses of the general assembly when they 
assemble, in pursuance of the constitution, to count the votes and 
decide who is governor and who is not. 

Article forty-eight of the constitution is as follows: 

The supreme executive power of the State shall he vested in the chief magistrate, 
who shall be styled the governor of the State of Louisiana. He shall hold his office 
during the term of four years, and, together with the lieutenant-governor, clioscn for the 
same term, be tdected as follows : The <[ualified electors for representatives shall vote 
for governor and lieutenant-governor at tlietinu- and place of voting for representatives. 
The returns of every election shall he sealed up and transmitted by the projjcr return- 
ing ofificer to the secretary of state, who shall deliver them to the speaker of the house 
of representatives ou the second day of the session of the general assembly then to be 
holden. The members of the general assembly shall meet in tin; house of representa- 
tives to examine and count tlic votes. Tlie person having tlie greatest number of 
votes for governor shall be declared duly elected ; but in case of a tie vote between 

H. Ex. 91 11 



1G2 CONDITION OF AFFAIRS IN LOUISIANA. 

two or more caiulidates, oue of tluMu sliall immediately be choseu governor by joint 
vote of the ineniixns of tin; fienc-ral assembly. The person having- the greatest number 
of votes polled for lieutenant-governor shall bo lieutenant-governor; but in case of a 
tie vote between two or more candidates, one of them shall be immediately chosen 
lieutenant-governor by joint vote of the members of the general assembly. 

Do you tell mo that if tliisrotaniiiijr-board, by any fraud on their part, 
should dedare Kellogf>- elected or McEuery elected, both houses of the 
general assembly, wlien they meet, would not have a right, as the con- 
stitutional board authorized to declare who is elected governor and wlio 
is not elected governor, to imiuire into these alleged frauds, send for 
du))licates of these supi)ressed or destroyed returns tiled with the clerk 
of the courts throughout the State, ami adjudicate on this question of 
elected rel nonf I Ay ant to know, if they undertook to do so, what 
tribunal in this land could revise their action? 1 admit, that if they 
excluded a man's vote on account of race, color, or previous condition, 
this court, conceding this act of Congress to be constitutional, would 
have jurisdiction.* But what court could revise the action of the general 
asseml)ly if the election is declared upon other principles, disconnected 
with the constitutional amendments "? Here are votes alleged to be fraud- 
ulent. Here are these returns brought up which are said to have been 
manijntlated. The general assembly is the court of last resort. This 
constitutional court, the general assembly of the State, determines all 
these (juestions, and there is no appeal from its decision, except that 
conferred by the act of Congress, conceding it to be constitutional, 
where the right to vote has been denied on account of race, color, or 
previous condition of servitude. Here this party brings his suit, admitting 
or alleging in this bill that he is defeated ; and, of course, he alleges 
that he is defeated at the time he brings his bill, otherwise he would 
have no right to file his bill. Then he is defeated by the state of things 
which he wishes to preserve in statu quo; he is defeated b\' the state of 
things in the governor's office. 

Take things as they exist, take the official returns, aside from all 
fraud allegetl in regard to matters i^ertaining to the returns before they 
reached the governor's office. The bill pro'ceeds upon the theory that 
the complaiiumt is defeated upon these returns, therefore the destruc- 
tion of these returns would not hitrt him. He is now and then and 
there defeated. He proceeds upon the theory that he intended to bring 
an action as a defeated candidate ; and that, as I understand the bill, the 
defeat was the result of the ten thousand rejected votes, and the result of 
the suppression of the numberless votes which he does not undertake 
to define, and Avhich he alleges have been suppressed by the commis- 
sioners of election. He not only does not undertake to define these 
votes, but he does not undertake to state in which parish they were 
suppressed. According to his allegations, in all the parishes of the 
State there was not to be found an honest commissioner of election or 
an honest supervisor of registration ; but that all of them were m com- 
bination with Governor Warmoth, this ]\[ephistophiles, who had diffused 
his poison throughout the whole oflicial mind charged with the super- 
vision of this election, and who so contaminated the soid of everybody 
Avho had charge of the ballot-boxes, that they violated all oaths ami sup- 
pressed votes at every poll, the number not given ; but fhe allegation is 
uutde that the number tlms suppressed would be sufficient to change 
the residt. Here, then, as I said, is a defeated candidate instituting 
this suit, being already defeated by the returns in the office of the 
governor, and whose defeat is based ui)on su])pressed votes that are not. 
there, upon rejected votes of which he has the evidence in his posses- 



CONDITION OF AFFAIRS IN LOUISIANA. 163 

sion. And this is styled a bill in chancery to perpetuate testimony ; and 
this is tiled to preserve evidence in the i>ossession of the governor, of 
which there are duplicates made uiuler the laws of tlie State and re- 
corded as retpiired bylaw; for they liave macUi no allidavit here that 
these couiniissioners did not comply witii the law and record those copies. 
Xow, then, the fraud cliarged in tlu' bill in regard to the returns in the 
olFice of the governor is a charge that Governor Warnioth desires to 
exclude votes, and it is based upon the fifty-fourth section of the elec- 
tion law, which is as follows : 

* * * The governor shall at such meeting open, in the presence of the said return- 
ing-ofliceis. the statements of the supervisors of registration, and the said returnjng- 
ofticers shall, tVoni said statements, i;anvass and compile tlie returns of the election 
in duplicate. One copy of such returns tlu\y shall tile in the ofhce of the secretary 
of state, and of one copy thej^ shall make public proclanuition, by printing in the offi- 
cial journal and such other newspapers as they nuiy deem proper, declaring the names 
of all persons and offices voted for, tlie number of votes for eacii person, and the names 
of the persons who have been duh' and lawfully elected. 

They have no right to declare who is duly and lawfully elected as 
governor ; that power could not be delegated to this board under the 
constitution. The section goes on to say : 

The returns of the elections thus made and promulgated shall be prima facie evidence, 
in all courts of justice and before all civil officers, until set aside, after a contest accord- 
ing to law, of tlie right of any person named therein to hold and exercise the office to 
which he shall by such return be declared elected. The governor shall, within thirty 
days thereafter, issiie commissions to all officers thus declared elected who are required 
by law to be commissioned. 

This law says that the governor shall issue commissions to all such 
persons thus declared elected, evidently contemplating that this return- 
ing-board should only declare the election of those officers who are re- 
quired to be commissioned by the governor, and all ofticers of the State 
are recpiired to be commissioned by the governor, except the governor 
hinj.self, who has no commission from any source. This commission is a 
imblic declaration of the members of the legislature in general assem- 
bly convened, announcing the result of the vote. Section 55 reads : 

That in such canvass and compilation the returning-officers shall observe the follow- 
ing order: They shall compile, fii'st, the statements from all polls or voting-places at 
■which there shall be a fair, free, and peaceable registration and election. Whenever 
from any poll or voting-place there shall be received the statement of any supervisor 
of registration, assistant supervisor of registration, or commissioner of election, in form 
as recpiired by section twenty-nine of this act, on affidavit of three or more citizens — 

So your honor will perceive that it is only upon the reception by this 
board of the report required to be made by a commissioner of election, 
or a supervisor or assistant supervisor of registration, under section 
twenty-nine, on the affidavit of three citizens, that this board of re- 
turning officers, of which the governor is the head, is authorized to 
take any action — 

— of any riot, tumult, acts of violence, intimidation, armed disturbance, bribery, or cor- 
rupt influences, which prevented, or tended to prevent, a fair, free, and peaceable and 
full vote of all ipialified electors entitled to vote at such poll and voting-place, such 
retnrning-ofiicers shall not canvass, count, or compile the statement of votes from such 
pole or voti g-place until the statements from all other polls or voting-places sliall have 
been canvassed and compiled. The returning-officers shall then proceed to investigate 
the statements of liot, tumult, acts of violence, intimidation, armed disturbance, bribery, 
or corrupt influences, at any such poll or voting-place ; and if, from the evidence of 
such statements, they shall be convinced that such riot, tumult, acts of violence, in- 
timidation, armed disturbance, bribcuy, or corrupt influences, did not materially inter- 
fere with the purity and freedom of the election at such poll or voting-place, or did not 
prevent a sufficient number of qnaliiied voters thereat from registering or voting to 
materially change the result of the election, then, and not otherwise, said returning- 
officers shall canvass and compile the vote of such poll or voting-place with those pre- 



164 CONDITION OF AFFAIES IX LOUISIANA. 

viously canvassed and compiled; but if said returning-ofBcers shall not be fnlly satis- 
fied thereof, it shall be their duty to examine further testimony in regard thereto, and 
to this end they shall have power to send for persons and papers. If, after such examin- 
ation, the said returning-officers shall be convinced that said riot, tumult, acts of vio- 
lence, intimidation, armed disturbance, bribery, or corrupt influences, did materially 
interfere with the purity and freedom of the election at such poll or voting-place, or 
did prevent a sufticicnt number of the qualified electors thereat from registering and 
voting to materially change the result of the election, then the said returning-officers 
shall not caiivass or compile the statement of the votes of such i)oll or voting-place, 
but shall exclude it from their returns. 

You will therefore perceive that the onlj' power wliatsoever given to 
this retiuiiinff-board, is to go through the simple clerical labor of adding 
together the returns made by the commissioners of election, duplicates 
of which are filed with the clerks of the courts throughout the State; 
and the only other jurisdiction which it has is, that when these state- 
ments are made by the supervisors of registration or the commissioners 
of election in regard to fraud or violence upou the aftidavits of three 
citizens, then I say it is constituted a board to investigate and deter- 
mine upon that question ; and if they come to the conclusion that riot, 
tumult, or unfair practices prevented a fair vote at any particular ])oll, 
they do not reject any particular vote, but their jurisdiction gives them 
only the right to exclude the poll, and exclude all the votes, black and 
white. There is no discrimination in regard to color. There is no con- 
stitutional right guaranteed b}- the fifteenth amendment which ap])lies 
exclusively to the protection of the rights, in regard to voting, of those 
of a certain race, condition, or color, which this board has any control 
over. They have no jurisdiction on that subject. It is im])ossible to 
exercise the jurisdiction conferred in a way to create a case coming 
under the constitution or under the enactment of Congress. Your honor 
will remember that this fraud is charged upon hiin with the view, as 
Kellogg asserts in his bill, that Governer Warmoth desires to exclude 
votes, and the implication is of necessity that Governor Warmoth will 
count, unless your honor interferes to prevent this enormous fraud, all 
the votes and exclude none of the boxes ; for the charge made, thongh 
twisted and turned with that verbose phraseology which makes it 
difficult to extract the essence and the idea of the bill, when analyzed, 
and when you eviscerate the real charge, is, that all of this manipula- 
tion, suppression, and fraud, is simply with the view to exclude votes, 
or rather to exclude returns ; and I call the special and particular atten- 
tion of your honor to that clause of the bill, to show that I have inter- 
preted it correctly. After describing the conflict between these two 
boards, the bill goes on to say : 

* * * That your orator believes, and therefore avers the fact to be, that it is the 
intention and deliberate plan of the said defendants aforesaid, pretending to act as re- 
turning-board as aforesaid, to nuike such pretended canvass of votes as shall cftect an 
apparent defeat of your orator, aiul declare tlie said AIcEnerj' elected as governor of 
said State ; that to produce said result they will give eii'ect to all such fraudulent cer- 
tificates and returns as tend to produce such an efi'ect, and tend to exclude from all 
consideration, count, or canvass, all votes of persons of color that have been supressed 
or prevented from being cast, 'f * * 

I have read this extract to show that these returns, even if destroyed, 
by no means affect the votes rejected or the votes suppressed, because, 
of course, they are not included in the count or in the returns which 
are on file in the office of the governor. The bill goes on to say : 

And your orator further shows that said defendant, H. C. "Warmoth, claiming to bej 
in possession of the returns of a largo number of tlie supervisors of registration, re-l 
fused to o])en said statements of the supervisors of registration in the presence of saidi 
returning-officers, being inlluouced in said refusal, as your orator believes, by the fearl 
that said retiirning-board would make due and jHOper investigation of the truthfuluessj 
of said returns and statements. » » * 



CONDITION OF AFFAIRS IN LOUISIANA. 165 

Now, the only due ;in<l proper investigation of the truthfulness of 
these statements wouhl be to investigate in regard to fraud and vio- 
lence in the election, because that is all the jurisdiction this board has, 
except the physical labor iu counting the returns of the corhmissiouers. 

And tliat said scliorae for excluding lawful ballots would bo defeated ; or that evi- 
dence of the frauds that had been coniniittcd, and of the fact that a large number of 
l)erson8 had at .such election offered to vote, and had been denied the right to vote, con- 
trary to the Constitution and the laws of Congress, would be discovered. * " * 

Now, the law does not require, iu regard to persons who offer to vote, 
the commissioners of election to take any evidence whatever; nothing 
of that sort is returned. As I have said, the complainant has posses- 
sion of that. The frauds in regard to suppressed votes could not 
appear on the returns ; therefore the only fraud which could by any 
possibility be committed, would be in determining to reject or exclude 
certain votes or polls on the grounds stated in sections 29 and 54 of the 
election act of 1870. That is the only })ossible jurisdiction this board 
has, and the only possible way by which Kellogg could be at all 
affected would be by this board, vested with this power to determine 
these questions, excluding votes not on account of race, color, or pre- 
vious condition, but on the ground of violence, tumult, and unfair prac- 
tices. That exclusion, I say, could not affect him, because he brings 
this suit upon the ground that by the returns, as they stand, 
he is a defeated candidate, and that he has a right to preserve 
them. Tlie exclusion of some votes will Jiot make him a worse defeated 
candidate than he is now. I therefore say, sir, that granting the 
constitutionality of the act of Congress of 1870, for the purposes of the 
argument ; granting that we do not appreciate the changes which have 
taken i)la('e by virtue of the ado])tion of the fourteenth and fifteenth 
amendments to the Constitution of the United States; granting that 
the learned counsel who opened the case is the only one in this commu- 
nity who does ap]>reciate these important changes ; granting that he has 
the right to arrogate to himself that sort of self-complacent satisfaction 
manifested by the insinuation that we are the Bourbons and he the man 
of progress, so far as the constitutional theory is concerned — so far as 
the Constitution has been affected by the amendments ado])ted since 
the war : yet I can tell him that he forgets that whatever may have been 
the past, so far as this election is concerned, in respect to the constitu- 
tional amendments, both parties stood upon the same platform. l>oth 
parties accepted Jthe fourteenth and fifteenth amendments, and declared 
that they accepted them in good faith ami honor. Both parties agreed 
to stand by them. Both parties, one represented by j\[r. Greeley, the 
great defender of the colored race, and the other by Grant, the repre- 
sentative of the constitutional amendments, agreed upon this question. 
Therefore it comes with bad grace from the learne<l counsel to say tliat 
any <>f us who are engaged in the attenq)t to maintain the i)urity of the 
ballot-box, to assert simi)ly our local rights under a legitimate State 
government, are forgetting our duty to the Constitution, and will at- 
tempt to rise before this court and make an argument upon a constitu- 
tional theory, wluch we concede that the war, iu part, has destioyed, 
and to which we submit, and which in other i)arts has been changed by 
the constitutional amendments referred to. lie must think, indeed, 
that progress lies upon only one side of this case, and that we, who con- 
ceive that we are right, (although I grant him the same privilege,) are 
blinded by the prejudices of the past, and are not able to see the case 
as it is presented bv the light of the nineteeuth century and of the year 
1872, instead of 1801. 



IGf) CONDITION OF AFFAIRS IX LOUISIANA. 

But still, althougli I say that we are up to the times and recoo^nizei • 
tbese coustitiitioual chauges, and perceive that there is diliiculty incou-ll 
sequence of these changes in drawing the line of demarkation between 
what has been changed and what has not. because the questions are in- 
tricate, we do not concede that the constitutional government created 
by our ancestors, by which the States are separated from the Federal 
Government, and charged with the execution of certain local affairs, 
while the General Government is classed with our foreign and general 
domestic affairs — we do not recognize that all these land-marks have 
been destroyed and broken down by the constitutional amendnu^nts re- 
ferred to, and that the State to-day, as the counsel sneeringly said, is a 
miuii('ii)al government, which it was in the power of Congress to destroy 
if. it pleased ; when the very essence of the Government depeiuls now, 
as it did when it was first formed, uj)on the constitutional theory that 
there are States having separate and independent powers, under a gen- 
eral government which under the constitutional amendments has more 
enlarged powers than it had before. It is true the Constitution was 
changed, but it was only changed to the extent of the powers conferred 
by that instrument and its amendments, all others being, as they were 
in the beginning, reserved to the States or the people thereof resi)ectively. 
What really is the eft"ort here, sir? The insinuation in regard to the 
constitutional power was thrown out for an object. The effort here is 
practically to have the United States court interpose, when the act of 
Congress does not give it i)ower to do so, and declare who is or who 
shall be the legal board of returning-ofiicers for this State; and the ])re- 
text is that we have corrupted all of the officers of election ; that the 
men elected have participated in this corruption; that even a candidate 
whose reputation up to this time has never been assailed in any court 
of justice or elsewhere, Governor M(;Enery, has participated in these 
frauds, and your honor has actually enjoined him for the time being — 
unadvised, of course — from acting as governor of this State. And, sir, 
when in the face of these alleged frauds we bring in the affidavits of all 
who are charged with them, denying them ; when there is no evidence 
whatsoever of such frauds except the allegation made by the comi)lain- 
ant in his bill; when we go a step farther and say, "^ow you have 
charged us with fraud, we believe that you desire to get i)ossession of 
these returns for a fraudulent pun^ose on your part. You have restrained 
us from counting these votes in the Federal court ; we have restrained 
you from c<uinting the votes in the State court: thus locking up all the 
administrative powers of the State government, by which alone it is 
enabled to i)erpetuate its existence;" when the governor of this State, 
iu that condition of things, signs a bill b^' which the authority of these 
two contending boards is repealed, lie is charged with what ? With a 
coiq) cVi'taf, to defeat the operation of your honor's injunction ; and the 
learned counsel has the hardihood to insinuate that the approval of that 
bill by the governor, in the exercise of his constitutional functions as 
the chief executive of this State, was a violation of your honor's in- 
junction. 

What new theory of cotq)s Wetat is this ? A coup Wetai I understand 
to be an unconstitutional assumption of authoiity, by which the estab-' 
lished government is overthiown, either in whole or in ]>art ; and yet 
this constitutional lawyer, who is up to the progress of the times, calls 
a constitutiomU function, performed by the chief executive, over which 
nobody has any control, a coup d'etat ; as if the governor of this State, or 
of any other State in the Union, could ever be guilty of a coiq) d'etat iu 
the exercise of his coustitutioual fuuctious. They say that this coup 



CONDITION OF AFFAIRS IX LOUISIANA. 107 

d^etat is to be carried out by a fraud. What fraud, sir, can we commit ? 
They say that we desire, through the instrumeutality of Hatch, 
DuPonte, the g-overuor, and Wharton, to perpetrate these euormous 
frauds on the State. What do we do ? We come in now and lay 
down our power ; we abandon tlie position where we are enabh'd to 
commit this fraud ; we surreu(h^r the authority to act as returuiuo-. 
ofticers of this board, because the repealing act repeals that authority; 
and, in order to put our act beyond all question, we convoke the newly 
elected legislature to nominate and appoint officers who shall count 
these returns and give everybody a fair show. Does that show fraud? 
The man M'ho occupies the vantage ground, the man who is in i)osses- 
siou, the man who is enabled by the])hysical power of the State, as the 
executive, to cari-y out, so far as the State courts are concerned, his 
objects of fraud, if he desired to do so — that man, when charged with 
fraud in this court, conies in and says : " To show that these allegations 
are false, to sliow that they are perfectly baseless, to show^ that these 
men themselves have entered into a s(;heme to get possession of these 
votes, in order to defraud the people of this State, I come forward now ; 
I sign this bill ; I give up my i)ower; I surrender the means of per- 
petrating the fraud, as you allege; and call in an umpire, a third party, 
the legitimate tribunal of the State, to select those into whose hands I 
will confide these returns, and who, openly and before the public, will 
engage in their can«vass and count these returns." 

And this is a coup iVetat. Why, sir, there is nothing- on earth that 
Governor Warmoth could do, for the purpose of protecting the purity of 
the ballot-box and of these returns, which would satisfy these people, 
except to surrender them into the hands of — whom ? Into the hands of 
a board, depending for its existence upon a removed secretary of state, 
or alleged secretary of state, who is a defaulter; dei)ending for its ex- 
istence upon a man who, contemplating that his machinations with 
Lynch would be discovered, apprehended that he would be removed; 
because on the 8th, a week before he was removed, he goes to Douglass, 
and employs him to make him a seal of State, to enable him to 
say that he had the seal of State ; imagining that the notion 
which prevailed .in old English times, that the party who had 
the seal ot the State had the otQce, was still in vogue — he goes, I say, 
on the Sth, in anticipation of the very fact which occurred, in order to 
defeat the legitimate action of the executive in removing him, and pre- 
pares this seal, and then, when the question arises, he goes into court, 
and swears that he has the seal. 

We proved that he had it not ; and we proved that the only seal was 
then in the office of the secretary of state, and his own employe had re- 
fused to deliver the one ordered by him, because he considered it crim- 
inal to deliver it to a person who did not occupy the position of secretary 
of state. Because we will not surrender these returns to the board 
created by this man, and have them counted by him and another man 
named Lynch, who swears that at the meeting of the board, when the 
vote was i)ut in regard to Haicih and DuPonte, the governor being 
present, Wharton being present, llerron being present, and Lynch being- 
present, he voted "Xo;" when all the other witnesses, interested ami 
disinterested, swear that he did no sucli thing; that tiie \'ote was ])ut; 
that Hatch ami DuPonte w-ere declared elected; that they were sworn 
in ; that Lyn(;h voted neither nay nor yea; that he acquiesced in their 
being sworn in; that he did not say a word until ai)pealed to by Her- 
ron to leave, and it was oidy^after repeated importnnities on the i)art of 
Herron that he snatched up the minutes and left the room. Tliis man, 



168 CONDITIOX OF AFFAIRS IX LOUISIANA. 

Ts^lio comes here before this court and goes before the eighth district 
court and swears that he voted naj-, (just about as true as the allega- 
tions contained in this most admirable bill,) because the governor will 
not surrender the votes of the ])eo]jle of this State to a board createdl 
bv these two i^ersons who, after all that occurred in the governor's| 
office, retreated, go before the chief justice and are sworn in, repre- 
senting themselves as constituting the board ; because the governor 
will not submit the votes of the people of this State to the scrutiny of 
such a board, he is charged with fraud, and that, too, by whom! 
This very secretary of state himself, who was put into the position, 
he occupied by Governor Warmoth in 1S71, on the removal of George 
E. Bovee, and now, after he holds the office by virtue of this removal,' 
after lie has enjoyed it by virtue of this removal, after he has pleaded 
in the very suit the record of which has been brought before you the 
legality of this removal, and claimed the possession of the office by 
virtue of this removal, he turns round and says, when he is removed, 
that it is a very different thing; that the governor has no power to re- 
move him, although he had the power to supersede George E. Bovee, 
who was elected secretary' of state in 1SG8. 

]Srow, sir, what has the sujn-eme court of this State said upon the legal 
status of Mr. Herron ? The record which I referred to before is the one 
where the lower court adjudicated that the governor had the right to 
suspend, and an appeal being taken was dismissed, and the supreme 
court never expressed any opinion upon it; but in the case of Wittgen- 
stein against Fairfax and Herron they did express an oinnion. Witt- 
genstein had been appointed assistant secretaiy of state by Bovee, who 
had been elected secretary of state*. After the election of Bovee, and 
Herron taking possession of the office, the latter undertook to appoint 
an assistant secretary of state, an office created by the laws of Louisiana. 

Tliat assistant secretary of state thus appointed was named Fairfax, 
and he took the place of Wittgenstein, who was then in the office. There- 
upon Mr. Wittgenstein sued Mr. Fairfax, claiming to be the legal 
assistant secretary of state. What does tlie supreme court say upon 
the subject? The case is number 3005, and the opinion was delivered 
by Justice Taliaferro on May 23, "1872: 

The goveruor is without power to appoint a secretary of state, unless a vacancj'^ 
occur in the otfice, and then only ad hitiTim, as proviilotl by the constitution. Concecl- 
ing tliiit, in the case of the suspension of the secretary of state from the performance 
of tlu' duties of tlic office, the governor would have, on general princijiles, the right 
to ai)point a person to discharge the duties of secretary of state, ujjon which we express 
no (!])inii)n, the person so nppointeil would be clothed only with ministerial duties, such 
' as arise in the usual routine of office business. The secretary of state is vested by law 
witli the power to appoint an assistant secretary of state. Tiiis is not a mere minis- 
terial duty. The person charged with the perforiuance of the ministerial duties of the 
secretary of state, during his snsi)ension from office, is without jiower to remove from 
otitice, and much less witiiout the i)ower to appoint to odice, an assistant secretary, for 
the reason tluit he himself is not secretary of state. The appointment of Fairfax to 
tin? ol'lice of a-;si.stant secretary of state by Herron is therefore nugatory and without 
ed'ect. Wittgenstein's right to that otlfice was in no manner impaired by the actic n 
taken in the matter by Herron. Tlie snsjiension of Bovee from office by the governor 
did not affect the riglit of Wittgenstein to discharge the duties of the oftice of assistant 
secretary of state, and tlie ejection of the latter from office was without warrant or 
authority of law. We think the judgment of the court a quo erroneous. 

!Now, sir, in a matter of this sort, it is not necessary for me to cite 
authorities to show that the courts of the United States will always fol- 
low in regard to the construction of State constitutions and State laws 
in reference to the officers of the State, the decision of the highest tri- 
bunal of the State. Here, then, is a decision of the sui)reme court of 
the State of Louisiana, to the effect that all that was effected by the 



CONDITION OF AFFAIRS IN LOUISIANA. 1G9 

governor was the suspension of Bovee from tlie discharge of the duties 
of the office of secretary of state ; that, notwithstaiuling his suspension, 
he remained and was and is secretary of state ; that the api)ointment 
of assistant secretary of state beh)ngs to tlie secretary of state; that, 
therefore, Herron, being appointed by Governor Warmoth during the 
snspension, was only authorized to discharge the ordinary routine du- 
ties of the oflice. The appointment of the assistant secretary not being 
a mere ministerial duty, and Herron not being secretary of state, but 
Bovee, Herron had uo right to remove Wittgenstein and appoint Fair- 
fax. There was uo vacancy' in the office of secretary of state, Bovee 
still tilling it, notwithstanding he was paralyzed by the suspension by 
tlie governor in executing physically its duties. What is the result ? 
That this man, who claims to be secretary of state, notwithstanding he 
got possession by the removal of his predecessor and his own appoint- 
ment by the governor, was nothing more nor less, there being no provis- 
ion of the constitution of the State regulating the power of suspension, 
than a mere clerk, selected by the executive, from the necessities of the 
case, to discharge the routine duties of the office of the secretary of 
state, which never was made vacant by the suspension, and which Bo- 
vee tilled then, and fills now, only his power is paralyzed by the suspen- 
sion. If this be the proper view taken of this fact, what right has Her- 
ron, being a mere clerk, to question the power of his master to dis- 
charge him ? I repeat the word, master. He holds no office ; the 
secretary of stateship is an office. Bovee holds it in a constitutional 
view, but he is not discharging the functions of it. Herron discharged 
them for a time ; he did it as the clerk of the governor. His master \)\xt 
him there, his master removed him ; he holds no office ; he has no ten- 
ure ; it is undefined bj' law ; it has no term; it has no legal existence, 
so far as the statutes of the State are concerned ; and, therefore, it is a 
temporary employment of a clerk to perform temporary duties. He is 
in the position of a clerk in a store, whom his employer can at any 
time discharge ; and yet he goes oft" and has a seal made, as if he was 
invested by the people of this State or by the laws of this State with the 
office, which he had a right to hold in spite of the removing power 
of the governor. Therefore, away with this man Herron, either as to 
fact or as to legal j)ower. 

But, sir, what are the facts that occurred when this board assembled? 
They talk about schemes of fraud on our part. What did they do? 
On the 12th of November they convoked this board, and immediately 
Mr. Lynch and Mr. Herron, in pursuance of the scheme they had evi- , 
dently been concocting, (for I speak by the minutes,) moved that the 
vacancies in the places of Anderson and the lieutenant-governor, who 
were incompetent to serve in consequence of being candidates at the 
election, should be filled. The governor, taken by surprise, seeing the 
scheme which these parties had in view, fought for a postponement, 
and after some debate it was postponed to the 13th. The governor, 
on the 13th, paralyzes this man Herron by removal. They meet at 
the board ; he calls in Jack Wharton, whom he had appointed secre- 
tary of state, and who shows his commission. Herron, notwithstand- 
ing his removal, with the imi)udence of a man who will engage in 
anything for reward, made an eftbrt to put the proposition that Long- 
street and Hawkins should be selected. The governor thereupon 
stopped him, and said, " You have nothing to do here. I propose Hatch 
and DuPonte." The vote is taken. Herron voted no — so he says; the 
governor voted yes ; Lynch said nothing. Hatch and DuPonte were 
immediately called in ; they were sworn in, Lynch saying nothing, still 



170 CONDITION OF AFFAIRS IN LOUISIANA. 



H 



seated at the table. Herron, seeing; t'ley were sworn in and that he no 
longer conld be of any nse in carrying" ont the scheme which they had 
in view, calls Lynch away, who takes oflt' the minutes with him, think- 
ing- tliat the minutes, like the seal, constituted the board, and ]>roceeded 
to the office of the chief justice to be sworn in as a board, without 
having convoked the board, without having- asked the governor to as- 
semble to constitute the board ; and they set themselves up as being 
the leg-al board. Now, if there is any principle of law that "is well 
settled, it is the principle which governs this point. I am arguing upon, 
the supposition that Mr. Lynch did not vote, but that the governor did; 
admitting that Mr. Jack Wharton did not vote, or was not authorized 
to vote, though he did. The minutes are that Mr. Jack Wharton voted 
also ; but throw Jack Wharton out and throw Herron out, then the 
only two remaining officers were the governor and Mr. Lynch, two 
legally constituted officers. The one puts a vote, and votes for certain 
individunls; the other sits silent and says nothing. They are sworn in, 
and he' says nothing. I say, sir, that that is an election. In 2 Burrows, 
l^age lOlS, is laid down the following : 

At this meeting the mayor nominated Mr. Scagrave, which none then opposed. The 
vote was taken, and nine voted for Mr. Seagrave, after which ten or (as it is said) 
•eleven protested against any election at all at that time. Bnt mere silence is not a 
negative, either express or implied, and as no other person was proposed, and nine 
voted for him and none against him, he w as well elected. 

That was the argument of the counsel : 

Lord Mansfield saw no doubt in this case. Here was an assembly duly suunnoucd; 
one candidate was named — 

The only names mentioned in this case were those of Hatch and Du' 
Ponte. Governor Warmoth i)revented any other from being named — 

— they had no right to stop in the middle of the election. The mayor did not put any 
question for adjournment, nor was theie any. # » * 

Lord Mansfield confirmed his former opinion. He said the protesting electors had 
no way to stoj) the election when once entered upon, but by voting for some other per- 
son than Seagrave, or at least against him ; whereas here they had only protested 
against any election at that time. 

Mr. Justice Wilmot: There was a case of Rex vs. Withers, (Pasch., 8 G. II, B. R.,) 
wliere out of eleven voters five voted and six refused, and the court there held that 
tlie six virtually consented. 

In the case oi' Regina ?'S. Boscaweu, (P. 13, Anne R. R.,) (in Truro,) where ten voted 
for Roberts and ten for Boscaweu, a non-inhabitant ; the votes given for the non- 
inhabitant, where inhabitancy was necessary, wore holden to be throwa away. So in 
the case of Taylor ?-.s. Mayor of Bath, (Tenjj). Ld. Ch. J. Lee, B. R.) 

Lord Mansfield ; Whenever electors arc present and don't vote at all, as they have 
done here, they virtually acquiesce in the election made by those who do. 

That case is again reported more fully in the 1st William Blackstone. 
Suppose an election should be proclaimed in New Orleans for mayor 
to-morrow, and we, believing that there is a mayor already elected, or 
for some other cause do not choose to go to the polls, and it turns out 
that we are mistaken, and that really an election should have been held 
to-morrow ; and suppose that two men go to the polls and vote for Mr. 
A. B., and all the balance of the ])eo])le of the city refuse to go and pro- 
test against it, those two votes would elect the mayor, notwithstanding 
the fact that the balance of us protested against it ; for the only mode 
by Avhich a man can protest against anj^ election is to go to the polls 
and vote against the candidate [)resented. There is no such thing as 
protesting against an election : ami the only way in which you can defeat a 
man is to vote against him, or to put u|> another candidate for whom you 
■will vote in preference. Yon cannot say that you will not vote at all, 



CONDITION OF AFFAIES IN LOUISIANA. 171 

because those who do vote will decide the question. You cannot file a 
long' protest, because protesting is not the way of defeating the candi- 
date who is noniihated: you must vote in the negative. Tlierefore the 
principle is, that if all the electors were present in an assembled body, 
and if only one man votes upon a proi)osition and the others are silent, 
the proi)osition is carried. And mark, sir, that Mr. Lynch sat still and 
saw these men sworn in by eTudge Cooley, who testifies to the fact, 
without making any protest, or undertaking to make any remark upon 
the subject, without moving any reconsideration of the vote, whicli he 
had a right to do, I presume, under parliamentary rules. He does 
nothing of this kind, but simply takes possession of the minutes, after 
repeated importunities on the part of Herrou to leave the room, and 
abandons the place where he should have remained to discharge his du- 
ties there by voting in the negative, moving a reconsideration, or by 
taking some other step which he might consider necessary to vindicate 
his rights as a member of that board. He does nothing of that 
sort, but acquiesces entirely, so far as his conduct is coiu;erned, in 
what had taken place. Then these people assemble together ; they go 
before the courts, and they swear that they are in the possession of the 
offices of commissioners of election — swear, sir, to a fact which is le- 
gally untrue. I say it is untrue, because they say they are in possession 
and claim to be what is called the de facto board ; as if, sir, there could 
be a de facto officer under any government who is not physically in 
possession of the archives and papers of the office, and who is not 
physically discharging the duties of the office, and wlio, in the dis- 
charge of those duties, is not recognized by the highest power — that is, 
the executive of the State or of the nation, who has the Army and Navy 
at his back to enforce the exercise of the duties of that office. The de 
facto officer is the one recognized by the executive of the State, who en- 
forces that recognition by physical i^ower. That is the de facto officer; 
that is the one who is in possession. In this particular case this argu- 
ment api)lies with extreme force, because the very law creating thi^ 
board declares that the returns of the election shall be transmitted — to 
Avhom ? To the board f No. One copy to be sent by a special messenger 
to the governor ; the other to be transmitted by mail to the governor. 
What is the governor to do? The governor, then, in possession of these 
returns by law as the chief executive of the State, is called on, and he 
only, to open those returns in the presence of this board, and submit 
them to their scrutiny. 

Tlie governor is thus ve:'.ted with the power of recognition, for the^ 
board tlnit he opens the votes before is the board recognized by him. 
The governor, then, is not only vested with the power of recognition, 
but also witli the physical power of carrying out his recognition; and 
if the board recognized by him, if the board having the physical power 
to carry out its orders and decrees, is not the board de facto, I know not, 
sir, what a de facto officer is. Therefore, so far as that question is con- 
cerned, I hold that the courts of the United States have no right to de- 
cide who is or who is not a State officer, and certainly they have no 
right to do it in a collateral way. Here, in the course of this investi- 
gation, it may become necesvsary, in another view of the case, to deter- 
mine which is or which is not the legal board of retnrning-officers. 
They have no right tohave that question determined collaterally, either 
in the State courts or in tlie Federal courts. The only way in which the 
right to office can be tried is by the writ of quo warranto in the Federal 
conrts, or by a petition, filed by the attorney-general, in the State 
courts. All courts are bound to recognize the officer in the actual exercise 



172 CONDITIOX OF AFFAIKS IX LOUISIANA. 

of bis office, aud cannot allow tlie question of who is or who is not the le- 
gitimate ofiQcer to be disi'-ussed or entered into in any suit wherein the 
qnestiou may come collaterally before them. Is it necessary- for me to 
refer to decisions to establish that proposition? Is it not a conceded 
proposition that the right to hold office cannot be tried collaterallj', 
but that it must be by a direct action aud by writ of fpio tcarranto f 
I will refer to some authorities : 42 Alabama, 491; 25 Arkansas, 336; 
and in this State the supreme court decided (in 21 Annual, p. 655) 
that the right to office can only be contested by a writ or suit brought 
by the attorney-general; and in Michigan it was held that a writ of 
mandamus was not a proper proceeding to contest the right to office; 
and the Supreme Court of the United States (in 3 Wallace, 236) held that 
the writ of quo warranto could not issue except in the name of the sover- . 
eigu. That was a case where the officer of a Territory was supposed to be 
in office illegitimately, aud a suit in the uature of a writ of quo warranlo 
was bronght in the name of the Territory. The Supreme Court decided 
that, the Territor}-^ not being a sovereign, the suit should have beeu 
brought in the name of the United States, and reversed the judgment 
which had beeu granted in the lower court. In order that your honor 
may see the extent of that decision, I will read a part of it : 

The writ of quo warranto was a conimou-law writ. In the course of time it was 
superseded by the speedier remedy of an information in the same uature. It was a 
writ of right for the Kiuf>-. In the Euglish courts an infornuition for an offense differs 
from an indictment chieliy in the fact that it is presented by the law-otUcer of the 
Crown, Avithout the intervention of a grand jury. Whether filed by the attorney-gen- 
eral or master of the crown office, aud whether it relates to public offenses or to the 
class of public rights specified in the statute of 9 Anne, ch. 2U, in relation to which it 
luay be invoked as a remedy, it is brought in the name of the King, and the j)ractice is 
substantially the same in all cases. Any defect in the structure of the information 
may be taken advantage of by demui'rer. In this country the proceeding is conducted 
in the name of the State or of the people, according to the local form in indictments, 
and a departure from this form is a substantial antl fatal defect. In \Vallace v. Ander- 
son this court said that the writ of quo warranto could not be maintained except at 
the instance of the Government; and as this writ was issued by a private individual, 
without the authority of the Government, it could not be sustained, whatever might be 
the right of the prosecutor or the person claiming to exercise the oflice in question. In 
tlie case of the Miners' Bank c. The Uuited States, on the relation of grant, the intbrma- 
tion was filed in the name of the United States, in the district court of Iowa Teri-itory. 
The sufficiency of the information in this respect does not appear to have been ques- 
tioned. A State court cannot issue a writ of mandamus to an officer of the United 
States. "His conduct can only be controlled by the power that created him." The 
validity of a patent for land issued by the United States "is a question exclusively 
between the sovereignty making the grant and grantee." The judges of the supreme 
^^ourt of the Territory of Nebi-aska ai'e a]ipointed l)y the President and continued by 
wfche Senate of tbi^ United States. The peo])le of the Territory have no agency in a]>- 
l>oiuting, and no power to renrove them. The Territorial legislature cannot i)rescribo 
conditions for the tenure or loss of the office. Such legislation on their part would be 
a nullity. Impeacbnieut and conviction by them would be futile as to removal. The 
right of the Territorj- to prosecute such an information as this would carry with it the 
power of a motion without the conseut of the Government from which the appoint- 
ment Avas derived. 

Therefore, for this court to enter into a discussion as to who is or who 
is not the legal returning board, and to determine it in this collateral 
way, is not only Aiolating the general principle of law that no court cau 
determine the right to office, except in a direct action, but is violating 
the farther principle that no other than the government which created 
the office and appointed the officer can institute the proceedings, no 
matter what officer it.umy be. This has been decided, under the usurp- 
afion act, by the supreme court of this State, and this is the law every- 
where. Indeed, until the usurpation act of 1868 was passed by the 
legislature of this State, there was no proceeding kuowu to the laws of 



CONDITION OF AFFAIRS IN LOUISIANA. 173 

Louisiana by which usurpation into a public office could be tried, the 
code of practice having coufined the relief exclusively to officers of cor- 
l»oratioiKS. The article of the code of practice expressly detiiies public 
offices to be offices emanating- from the governor by and with the advice 
and consent of the senate, or without it, and says that they would be 
provided for bj' special laws ; but until the act of 18G8 was passed there 
was no remedy for usurpation of a public office. There was a remedy 
for a man who claimed to be elected to contest the election iu a particu- 
lar way, and thus claim the office; but there was no remedy for a man 
who had been put in possession of the office and was then excluded 
from it by somebody else, until the usnrpatiou act of 18GS was passed. 
Therefore, I say, sir, that they are asking you to issue a writ of quo 
warranto, by an injunction enjoining these State officers from perfoi'm- 
ing these functions imposed upon them by the law; and to issue an 
injunction based upon the principle that these defendants are not the 
legitimate board, would be deciding a question over which you have no 
jurisdiction, and a question where, in the administration of the law, your 
honor is bound, like the courts of the State, to recognize the de facto 
officer until he is displaced by a legitimate judgment in a legitimate 
proceeding. This power of contesting an election, may it please your 
honor, is not a judicial power, except in so far as it may have been by ex- 
press enactment submitted to the arbitration of the court by the legis- 
lative T>ower of the government. That princii)le, sir, as i)art of the 
jurispriulence of Louisiana, has been settled bj^ an adjudication of the 
supreme conrt of this State. 

[The judge here left his seat for a few minutes. After he had re- 
sumed his chair, Mr. Semmes continued his argument.] 

May it please your honor, I had laid down the [)roposition that the power 
of counting votes incidental to contesting an election, and consequently 
of bringing suits in regard to contested elections, was not in the nature 
of judicial power, but that by its nature it was administrative, and only 
became subject to the judicial authority to the extent to which it had 
been subjected to the scrutiny of the judiciary by a special enactment 
of the legislative branch of the government. I tidce and present this 
view for the purpose of making this application : That if tlie i)ower be 
of the nature I have described, not in itself judicial, but only made so 
to the extent to which it has been confided to the judiciary by enact- 
ments of the legislative department of the government, even tiien it 
can only be exercised in the manner and in the mode indicated by the 
legislative department; and the only mode by whi(;h a scrutiny into an 
election, or by which the results of an election can be inciuired into, ** 
under this act of Congress, is in a suit instituted by a defeated candi- 
date, after the result of the election is declared, to recover jwssession of an 
office, tipon the ground that he was defeated by the exclusion of votes by rea- 
son of race, color, or previous condition of servitude. And the circuit 
courts of the United States cannot exercise their power, either by bill 
in chancery or otherwise, unless the suit be for possession of the office. 
I hope that I make the proposition understood as elearl^^as I have it in 
my own mind. It is, to repeat, that it is not in the scope of judicial 
power to inquire into an election ; that it is in its nature an administra- 
tive function ; that suits for office, which necessarily involve an investi- 
gation into an election, did not exist anterior to laws authorizing the 
courts to nnUvC these investigations, and then otdy to tlie extent which 
the legislative department had seen fit to authorize tlu\iudiciary to act, 
and only in the mode in which it is authorized to make such investiga- 
tions. I will read from 13th Annual (p. DO) the opinion of Judge 



174 CONDITION OF AFFAIRS IN LOUISIANA. 

Spofford ill the case of the State of Louisiana on the relation of O. S. 
Eousseau, praying for a mandamus against the. judge of the second judi- 
cial district court. Tliat was a case where, tlirough an ouiission in our 
election law, the district courts of the State had beeu granted no power 
to entertain controversies lookiug to the Judicial scrutiny of votes for 
the office of Judge of the second Judicial district. 
Judge Spofford says: 

If the statntci under which he attempts to proceed does not emhrace his case, he is 
without a standing in court. The contesting of votes is not a judicial function, only 
so far as made such by special statutes. Indeed, some may have gone so far as to 
question whether this is not wholly a matter of administration, which cannot with 
l)ropriety be referred to the judicial tril)anals at all. At any rate, it is clear tliat such 
Tribunals cannot usurp any greater control over this business than is specially imposed 
upon them by law. In the absence of a statutory autiiorization, they are without 
jurisdiction of the matter, ratio)ie materiw. The consent of parties cannot give juris- 
diction, and all courts Ixifore whom such an uni',uthorized controversy is brought must 
decline, ex officio, to render any order which would recognize a right to sustain the 
case. 

I have referred to this case to show that this is a special Jurisdiction, 
the result of special enactments, and can be exercised in no mode ex- 
cept the mode designated in the statute, and to no extent beyond the 
limits therein (U^scribed. To enforce that provision there is a principle 
of law which declares that neither the courts of the United States nor 
of the State will interfere to control the action of officers charged with 
the exercise of those public duties which are discretionary in their char- 
acter. Xow, this returning board, as a board, is a court. The case 
upon which the court is authorized to decide is made up upon affidavits, 
sworn to l)y three citizens, accompanied by the statement of the super- 
visor of registration ; the case is submitted to the board ; they then 
examine it, and if they think that there has been such interference with 
the elective franchise as to require that the matter should be really and 
seriously considered, they form themselves into a court; they are au- 
thorized to send for persons and papers; they make an investigation, 
and upon the result of that investigation they announce a judgment, 
and that Judgment is executed by either rejecting or retaining the poll 
which has been questioned. 

Here, then, is a case of the exercise of an important public function, 
an administrative function by administrative officers, in which the du- 
ties are not simply ministerial, for the board is invested with a large 
and most extraordinary discretion. You arc not only asked to enjoin 
ns as the legitimate board from acting at all, but you are invoked 
through the instrunientality of an injunction — an injunction njade a 
part and parcel of a bill for the perpetuation of testimony, a matter 
unheard of in a court of chancery — to stop entirely the wheels of the 
State government. I say, without the fear of contradiction, that there 
was never before a bill to i)erpetuate testimony accompanied by an in- 
junction. You are asked, sir, to prohibit us from going on and perform- 
ing these groat administrative public functions; and we contest your 
right to do f:o, first, upon the specific ground that you cannot investi- 
gate the right to office in this way, and then upon the general ground 
that a court of chancery ought not to interfere with the administrative 
duties of public officers in regard to elections. In 4Sth Illinois, page 
481), this question came up. There they wanted to stop the election 
altogether. And Mhat are you doing here ! This restraining order is 
stopping the machinery of thisState; thisrestraining order is practically 
arresting the State government. If the theory for which the learned 
counsel on the opposite side contend be sustained, that you have this 



CONDITION OF AFFAIRS IN . LOUISIANA. 175 

power to interfere, then there can be a declaration of the election made 
by nobody, one side bein<? prohibited by the State court and the other 
side prohibited by the Federal court; and tliere is no legislative depart- 
ment of the government in existence to-d<iy. The tern)S of the mem- 
bers of the legislature expired on the 4t]i of November, 1872, and no 
declaration in the modQ pointed out by law, as conten<led for by the 
counsel on the other side, can be made. I alhide to this, nniy it please 
your honor, for tlie purpose of showing you that, if this power of in- 
junction is to be exercised, it will paralyze the State government, which 
was not contemplated by the act of Congress. The act of Congress 
contemplated that the election should be declared ; that the oflicers 
should take possession ; and that if a party was defeated in consequence 
of the exclusion of votes on account of race, color, or previous condi- 
tion of servitude, he would have the right in the Federal court to con- 
test. That does not paralyze the State machinery ; that does not raze 
the very foundation of the Federal Government, the existence of States; 
that does not render the State, so far as all its organs are concerned, a 
perfect heriimphrodite, without a legislative department. No result of 
this sort would come from a proper mode of exercising jurisdiction 
under the constitutional amendments ; but this mode proposed here 
seizes upon the power to determine who are the legitimate State othcers; 
seizes upon the power to arrest all the machinery of the State govern- 
ment; and seizes npon the power, not necessary to the proper inter 
pretation of the constitutional amendments and not granted by Con- 
gress, to control the officers of the State government in the discharge 
of their public duties. A court of chancery will not do it. . 1 read from 
4Sth Illinois, page 489 : 

If it be meant that a court of e<|uity cau grant a temporary iujnnction to stay the 
electiou or prevent the officers elected from acting — 

As your honor has done by your restraining order in this case in re- 
gard to JNIcEnery — 

— nntil a tinal hearing, the grounds are not well taken. A temporary injunction is but 
a matter of discretion, and a court Avould hesitate long before granting an injunction 
to stop the holding an election, or to prevent an officer from entering upon the dis- 
charge of oflicial duties, even if equity had jurisdiction, at least until after the final 
hearing of the case. We are aware of no well-considered case which has enjoined the 
holding of an election, or prevented an officer of the law from giving the rccjuired 
notices f<n- or the certificate of electiou. To sanction the ])ractice of granting tem- 
porary injunctions in such cases wonld be higlily calculated to obstruct the various 
branches of government in the administration of public afi'airs. Courts of equity cau 
have no such power, otliorwise any and all elections might be prevented, and goveru- 
nient greatly embarrassed. 

This is not only good law, but good common sense. Congress gave 
no power to grant maudamuses'or injunctions to interfere with State 
officers in counting the votes or giving certificates of electiou. Con- 
gress, sir, recognized the principle that there should be no such inter- 
ference ; that it was better to let the fraudulent result be announced, 
and let the officer go into office and discharge its duties, than to arrest 
the entire action of a State government, allowing the party of course 
his remedy, either in an action for damages by bringing a suit to recover 
the possession of the ofhce and vindicate his rights, or by indicting the 
party for a (-riminal act, which could have been done. This principle, 
sir, is enforced by the courts of the United States — by the courts every- 
where. 

In Abbott's New York Reports, volume 2, new series, page 290, the 
court says that even in suits between parties contesting for the right to 



176 CONDITION OF AFFAIRS IX LOUISIANA. 

ai) office it will uot grant an injunction to stop an officer dc facto from 
performing his functions. I will read the decision referred to: 

I tliiuk there can be no doubt that in actions to onst persons exercisino; the dniies of 
public offices under a claim of right, a temporary injunction restraining them from 
exercising the duties of the ofrice pending the litigation will not be granted. I have 
looked in vain for a single case recognizing such a right. The reasons for refusing au 
injunction, in such cases, are clear and powerful. Tho exercise of the duties of offices 
are necessities to the public welfare. Unless the officer dc facto is ])ermitted to dis- 
charge the duties, they cannot be discharged until the end of tho litigation and the 
legal title is determined. 

If you have the right to grant this injunction, and the State court has 
the right to grant the other injunction, what is the result? The things 
remain in statu quo until the ultimate decision of this case, Avhich may 
he some three years after it has reached the Supretne Court of the United 
States. It will be decided, perhaps, after Mr. McEnery, the legitimate 
claimant of the office, may be iu his grave, or three-fourths of his term 
expired. The result will be that state of things which these, men pro- 
claim would be the greatest evil that the world ever saw. The result 
would be that which the learned counsel says has produced a condition 
of things in this State which is i)orfectly intolerable. The result would 
be that Avhicli he says all good men abhor. The result would be that 
this '•'fraudulent executive,"' with his coups (Tctat, would remain in pos- 
session of the governor's office pending this long litigation. 

I will read further from the authority I have just quoted : 

Unless the officer de facto is permitted to discharge the duties, they cannot be dis- 
charged until the end of the litigation and the legal title is determined. Tliis, iu many 
instances, might iuA'olve a long time, and the public might sutler serious injury, loss, 
and inconvenience. 

As they undoubtedly would in this case, in the estimation of the 
learned counsel on the other side. 

In freqnent cases it might block the 'wheels of state, while the petty inquiry was be- 
ing investigated whether one or the other of two persons was the legal incumbent, enti- 
tled to exercise the duties of the office and receive the pay therefor. 

Well might the court say "the petty inquiry." It is so petty that, in 
my humble judgment, no court in this land has jurisdiction to consider 
the (juestion who is or who is not the legal board of returning-officers 
for the State of Louisiana, and that the legislature has not vested the 
power in any one. Why ? Because they are but special commission- 
ers, appointed at different periods to discharge a special duty, and he- 
(iomefuncti officii nfi soon as the duty is discharged, without emolument. 
No amount is involved in the right to this ottice, if it be an office, be- 
cause there is no emolument ; and the jurisdiction of the district courts 
of this State is confined to matters where the sum of over one hundred 
dollars is involved. It is no office; because the Supreme Court of the 
United States has defined an office to be a pernniueut discharge of pub- 
lic duties by a person who is an officer of the government ; and here is 
no permanent discharge of public duties. Every time that au election 
takes place under this election law, these men have to appear aud take 
a new oath, and discharge the duties of returning-officers as to each 
election. If it be an office, theu neither Ilerron, nor the governor, nor 
the lieutenant-governor could hold it ; because article 117 of the con- 
stitution declares that " no person shall hold or exercise at the same 
time more than one office of trust or profit, except that of justice of the 
peace or notary public." These officers are special commissioners, ap- 
pointed at intervals, for a special puri)ose, and at special times. The 
law creates a special and i)eculiar court, from which there is no appeal. 



CONDITION OF AFFAIK8 IN LOUISIANA. 177 

Therefore, the subject-matter is not within the jurisdictiou of any 
court, because tlie intrusion act is confined to officers; and it is not an 
office, for the reason tliat I liave stated, nor is it tlie exercise of a fran- 
chise. Altliongh the judge of the ei.yhth district court did, in his opin- 
ion in regard to this subject-matter, intimate that a court miglit enter- 
tain jurisdiction over this (luestion, because these men were exercising 
a fraucliise, he totally misa[)i)rehendcd the chanicter of a franchise. 
A francliisc is in the nature of a grant made by the government to a 
citizen, giving him peculiar privileges ; it is in the nature of a privilege ; 
it is a contract between the citizen and the government, which in the 
celebrated case of the Dartmouth College was held to be a contract 
which could not be violated by the State. Offices, under the political 
theory of this country, ai-e not hereditaments, as they are styled in the 
English law-books under the English system ; but they are considered 
as mere powers, to be exercised for the benefit of the public. 

Therefore, this office is not a fraucliise in the sense in whicli that 
term is used in the law of 18GS in regard to the unlawful exercise of 
offices or franchises. Therefore, sir, 1 say that there is no court that 
can take jurisdictiou over the subject to determine who is the legal 
board ; that a member of it is not an officer ; that he is a mere com- 
missioner, such as the sui)renu^ court of tlie State of Louisiana held 
hiui to be when, in the olden times, in an eifort on ihe part of a demo- 
cratic legislature to repress the violences incidental to a party, at that 
time termed the "Know-Xothing party," they created a central board 
of election in this State, and Mr. ^loise, then attorney-general here, 
having been, by the enactment, nmde one of tlie commissioners, the 
question came up before the supreme court of the State whether or 
not he could exercise theduties of commissioner, the objection being that 
it was an office, and that it wasinconij)atible with his positiouas attoruey- 
general. The supreme court of the State held that it was not an office ; 
that he was performing duties simply as a special commissioner, and that 
therefore it was not incompatible witli the position which he held as 
attorney-general of the State. I allude to this for the purpose of show- 
ing that these comuiissioners of election, ai)pointed only at a time when 
an election is held, are not officers in the sense (;ontemplated by the 
law which authorizes suits to be instituted for ejectment from ottice. It 
is important that courts should not have jurisdiction over such matters, 
because it is manifest that a corrupt judge could easily put in whom he 
pleased and put out whom he jileased, witiiout any ai)peal to the highest 
tribunal ot the State, because the amount involved in the contest for 
the position would not reach five hundred dollars, there being no emolu- 
ment attached thereto. It was never intended to place any such power 
in the hands of anj^ inferior tribunal. Therefore, sir, I say this ques- 
tion is entirely beyond your jurisdiction ; yon have not the right to 
make any inquiry into it at all. All you are authorized to do is to recog- 
nize Governor Warmoth as vested with control over this matter of de- 
termining what board is the legitimate board. Notwithstanding that ef- 
forts have been made, as I have been told, to [)roduce the opposite result, 
in the interest of those engaged in the contiictin regard to this election, 
still Governor Warmoth is recognized by the Chief Executive of the 
nation as the legitiaiate governor of this State, and as such in the dis- 
charge of his duties ; and you are bound to recognize him, and to recog- 
nize those persons as officers whom he recognizes as officers de facto, par- 
ticularly when the law, under which in this case he recognizes DuPonte 
and Hatch as the legitimateofhcers, giveshim the right, the political right, 
without controlover him by any court, (because no court has jurisdictiou, 
H. Ex. 91 12 



178 CONDITION OF AFFAIRS IN LOUISIANA. 



11 



as I bare shown,) to determine the question as to which is and which is not 
thelegitiniate board of returning' officers. He alone is authorized to declare 
before whom he will open the returns ; he is the one to whom the returns 
are transmitted, and who acts as their custodian, and it is through him 
that they are submitted to the board for examination. What that board 
shall be, and of whom it shall be composed, is fixed by law ; and no 
matter what person the governor determines shall occupy de facto the 
office of commissioner, tliere is no tribunal in this land that can revise 
his judgment. 

It is unnecessary for me, may it please your honor, to read authorities 
to show that there is no ])resumption of jurisdiction. The Supreme Court 
of the United States has held that there is no such presumption, and that it 
must be established affirmatively. (4 Dallas, 8; .3 Cranch,153, &c.) Nor 
is it necessary for me to read authorities to show that the- jurisdiction of 
the circuit courts is special. They have no probate jurisdiction, and 
cannot determine any matters in regard to divorce. (18 Howard, 350; 
21 Howard, 352.) These authorities are mentioned to meet the pro])o- 
sition of the counsel on the other side, that this w^as a general equity 
jurisdiction that this court was called on to exercise under these consti- 
tutional amendments. 

A court of chancery will not enjoin an officer iu the performance of 
the duties of a public office not merely ministerial. (1 Cranch, KJG ; 
12 Peters, 52-4; 14 Peters, 497; C Howard, 100.) It is unnecessary for 
me to read the authorities on this point; the law is too plain. 

The most recent case on that point is 7 -Wallace, 487, where an effort 
was made to enjoin the Secretary of War, and the court said there was 
no authority for it to control him in his action. A court will not enjoin 
the performance of public duties by any public officer. 

I also refer your honor to G Wallace, 407, and the case of the State of 
Mississippi against President Johnson, in 4 Wallace. There an elfort 
was made, upon the ground that the reconstruction acts of 1807 were not 
coastitutional, on the part of the State of Mississippi, to enjoin President 
Johnson from the execution of those laws. The Supreme Court of the 
United States said it would not entertain jurisdiction over the case, for 
the reason, among others, that a court of chancery never does interfere 
to arrest a public otllcer in the performance of liis public duties. 

Now, sir, the argument which I have addressed to your honor pre- 
supposes tluit this board which your honor has enjoined, and which the 
State court has enjoined, is in existence. I deny the proposition; and 
if I succeed in maintaining tbat the law creating this board is repealed 
and the board annihilated, I i)resume that, whatever may be the views 
of your honor on every other subject connected with this case, .von must 
refuse to grant this injunction, for the reason that the oidy board 
against which the injun(;tion is asked, the only board which it is charged 
is going to commit these enormous frauds, is the board comj)osed of 
Hatch, I)uPonte, Wharton, and the governor, which has been dissolved. 
Now, if the governor has voluntarily cut oft" his own head and the heads 
of his colleagues, so as to do away entirely with the pretense of iraud 
charged in the bill, why, of course that is an end of the case. I presume 
that is a manifest proposition; so manifest, that your honor seized upon 
it in advance, and was perfectly amazed, no doubt, at the learned coun- 
sel who opened the case touching so lightly ni)on it, because it saves all 
of this lengthy, investigation. I have been compelled to argue the case 
as I have done, because the learned gentlemen on the other side have 
already thrown out an intinuition that this coup <Vctat, as they call it — 
this exercise of a constitutional function, as I call itj this act for which 



CONDITION OF AFFAIRS IN LOUISINNA. 179 

Governor Wannotli sliould be imprisoned, as they say; this act of the 
executive of the State, whicli lie couhl nothave performed in the exercise 
of his discretion, as I say — was not intended in earnest. As if the 
governor of this State liad merely for a little side-play signed a bill, 
and that the parties were playing with one another a mere game, with- 
out reference to practical results. That was the intimation that was 
thrown out. 

I say, sir, that that law was signed with no other object in the world 
than to throw the question of who is or who is not elected into the 
hands of the men charged on neither side with fraud. That law was 
approved by my advice, and for that purpose; and if I fail to accom- 
l)lish the object contemplated, the reason will be twofold : First, my 
want of knowledge of the profession, as to what the effect of it would 
be ; second, my want of judgment in regard to what I sui)i)osed would 
be the result, which was, that both the contesting boards would come 
in and say, " Now let this new board be elected by the senate, and let 
us settle this unseeml^^ controversy and cease this bickering, and put 
an end to these charges of fraud and criminations and recriminations." 
But, sir, the peace ottering which lias been made is rejected with taunts 
and witli scorn ; it is rejected by the insinuation that it is a niere coup 
(Vctaf, made with the object to gain some mere political advantage over 
a political opponent. Having been met in that S[)irit, the only thing- 
left here for us to do is to assert our legal rights before this court, and 
to present them in the manner in which they have been presented to 
the minds of counsel engaged in advising the governor as to the effect 
of that law, and let your honor determine who is right and who is wrong. 
Kemember that this olive-branch was held out under these circum- 
stances : that the new law expressly provides that this board to be cre- 
ated shall be selected by the senate from men composed of both politi- 
cal parties — of (dl i)olitical parties. In this case there would be, 1 sup- 
pose, a straight-out democrat ; there would be a liberal republican ; 
there would be a radical republican ; and then there would be some 
sort of a fusion man, as they call it ; then — I forget what other names 
they have — but all the varieties of political parties would be represented. 
This is the proposition we now offer ; this is what we are now seeking 
to accomplish by asking your honor to stay your hand. All that we 
ask is for the United States Government to stay its hands: let this new 
and impartial board thus selected under the new law go into operation, 
examine the returns, and proclaim the result. They refuse the proposi- 
tion ; we ask your honor to enforce it. 

In the first place, I have authorities to the eftect that a law of the 
State of Louisiana may take ettect from and after its passage without 
promulgation. I produce these authorities, as I do not know what ques- 
tions might hereafter be raised. I refef to 2d Annual, p. 8G ; 8th New 
Series, p. 843; loth Annual, p. 502; 14th Annual, p. 48G. In the sec- 
ond place, that the governor of this State is authorized to sign a bill 
during vacation. (Belden v. Hagan — the Slaughter-house case — 22d 
Annual, p. 548.) There the supreme court settled that proposition. 
The next question is, what is the effect of this new law upon this board, 
or upon the law creating this board I The act is act No. 98, and is en- 
titled — I read from the New Orleans Republican — 

An act to regulate the conduct and to maintain the freedom and purity of elections ; 
to prescribe the mode of makiujf returns thereof; to jjrovide for the election of return- 
ing otiticers. and detininy their powers and duties; to prescribe the mode of entering 
on the rolls of the senate and house of representatives; and to enforce article 103 of 
the constitution. 



180 CONDITION OF AFFAIRS IX LOUISIANA. 

]S"ow, the repealing clause is as follows : 

Be if fnrlhtr inacfed,c^c., That thin iictahiiW take effect from and after its passage, 
and that all others on the snbjt ct of election laws be, and the same are hereby, re- 
pealed. 

There is no question, therefore, that the legislature intended that 
this law should repeal all other acts of a similar character. There is 
nothing said about laws in conflict with this, nothing about revision, 
iu>thing about aniendnients. They embraced in one com))rehensive 
system, under this act 98, all the law regulating the subject of elections 
in this State, and repealed all other laws on that subject. This, then, 
is the law of the laud. The second section provides as follows : 

That five persons, to be elected by the senate from all political parties, shall be the 
retnrniug officers for all elections in the State, a nuijority of whom shall constitute a 
qnoi lun, and have power to make the retnrus of all elections. 

vSo that it creates a board in an entirely different mode from tl)at 
ado[)ted in the preceding law. That act recognized as members of that 
board certain parties by name, to wit, T. (J. Anderson, John Lynch, 
and the governoi', the lieutenarit-governor, and the secretary of state, 
virtute (\(licii. The legislature itself, I say, selected by name two of the 
members of this returning-board, and designated certain oflicers as con- 
stituting the other three. This last actthrows the duty upon the senate 
of .selecting this board from time to time, and declares that it shall be 
selected from all political parties. There is no term to the ottlce or to 
the [)erlormance of its duties. The election must be held by the senate 
every time a State election takes i)lace; whereas under the old law 
Anderson and Lynch were permanent members, and the other three 
Avere members as long as they remained in their })laces as governor, 
lieutenant-governor, and secretary of state. These are the differences 
in the constituent elements of the two boards. Your honor will i>er- 
ceive that this law contemplates at every election a fair return, through 
the instrumentality of i>ersons selected, for the time being, by each suc- 
cessive senate. Xow, why is it that this law, which is exi)licit, does not 
repeal all ])receding acts ' The gentlenmn referred me to a case in the 
Supreme Court of the United States, reported in 2 Wallace, which has 
nothing whatsoever to do witli the piinciple involved in this case. 
What is that case? A pilot, who exercised a certain authority under 
an act of 18()1, in California, had ])erformed certain duties, for which 
he was entitled to so much (compensation. A subsequent act repealed 
that law, and instituted a new mode of i)iloting. He, having i»erformed 
the services while the previous act was in existence, claimed his com- 
pensation. The Supreme Couit very correctly decided that the repeal 
of the law, by which the nuxle of pilotage was changed, in no manner 
affected his right to his comi)rnsation, which had accrued luider the 
act which was in force at the time that he rendered the services. I 
would not contend for the oi)posite proposition. In the course of its 
decision the Court says : 

And_ it is clear that the legislatnre did not intend, by the repealing clause in the act 
of 1SG'4, to impair th(! right to fees which had arisen under the original act of IKil. 
The new act re-enacts substantially all the i)rovisions of tiie original act relating to 
])ilots and pilot regulations for the harbor ot .San Francisco. It subjects the. pilots to 
similar examinations; it rccpiires like (|uali(ications ; it prescribes nearly the saun; foes 
for similar services; audit allows halt-pilotage f(^es under the same circumstances as 
.providt'd in the original act. It a]t)Kars to have been passt-d for the jiurposc of em- 
bracing within its provisions tlie jiorts of Mare Island and LJenicia, as well as the port I 
of San Francisco; of creating a board of pilot examiners for the three ports, in place! 
of the board of jiilot connnissioners for the port of San Francisco alone, and of pro-1 
hibitiug the issue of licenses to any persons who •oere disloyal to the Goveriunent of J 



CONDITION OF AFFAIR8 IN LOUISIANA. 181 

the United States. The now act took effcet siinultaneously with the repeal of the 
first act; its provisions may, therefore, more properly be said to he snhstituted in the 
])lac6 of, and to continne in force with modifications, the provisions of the ori<;inal act, 
rather tlian to have altrogated and annulled them. 

Tliorofore this is an autliority for sa,viii<»: that if this ohl act is coiitimied 
ill force at all, in consoqncnce of some of the provisions bcin^' the same 
in the new act, it is only consiih^red in force witli the in;>tlifications 
made by the new act; and the most important modification, is that the 
board is not desig-uated by the legislature as being com posed of the gov- 
ernor, the secretary of state, and lieutenant-governor, but is to be 
selected by the senate. If your honor will read the act through, you 
will And that it was contemplated that it should be put in operation so 
as to govern the election of 1872. 

l>ut, sir, it is said that this election is a unit; that the law which was 
in existence at the time the ballots were cast the legislature has no 
power to change, so far as the counting of the votes is concerned. In 
other words, it is contended that the legislature had created a board 
with power to investigate into the results of this election, which board 
has been arrested in its action ; and that the legislature, if it were to 
assemble now, could not put an end to this litigation by an express 
enactment that these returns shall be submitted to somebody else. Is 
not that the proposition ? Is not that the ultimate result of the princi- 
ple advanced! For if the election is such a unit that it is indivisible — 
that it is, like an immaterial substance, not capable of parts, and that 
therefore it is utterly impossible to divide it — then the legislature cannot 
assemble to-morrow (although there is no (luestion about the legality or 
constitutionality of its assembling) and pass an act which will, in ex- 
press terms, take this disagreeable controversy out of the hands of the 
judiciary. Certainly no such coustruction as that will prevail. What, 
then, is the character of this board I Is it not, as the counsel himself 
admitted in the opening argument, a tribunal or court of a s])ecial char- 
acter, constituted for a special purpose, to investigate into and determine 
these questions in regard to the returns of the election ? The reading 
of the act will satisfy any inquiring mind that that is the nature of this 
board ; that it is a court of si)ecial jurisdiction, created for special pur- 
poses, and exercising discretionary power in particular cases. The su- 
l)reme court of this State has recognized as a court a similar tribunal, 
which is charged with the duty of registration of voters. 

]Sow, may it please your honor, was it ever heard of in a court of jus- 
tice, that when a court which is trying a case is deprived of jurisdiction 
over that case, it nevertheless could proceed to adjudicate it ? AVhy, sir, 
one of the most remarkable cases tiiat ever oc(mrred in the history of 
this countiy shows how fallacious the argument is. Do you remember 
that, under the construction of the Constitution of the United States 
anterior to the adoption of the eleventh amendment, States might be 
sued by citizens 1 After that amendment was adopted, the question 
came up in the Supreme Court of the United States as to the ett'ect of 
the adoption of that amendment upon the suits then pending in the 
courts. If you examine the language of the eleventh amendment to the 
Constitution, you will find that it de;;lai'es that the article shall not le so 
construed as to apply to any suit of a (Utizen against a State. There is 
no prohibition ; there is no repeal; it is simply an amendment, that it 
shall not be so construed. In 3 Dallas, p. 378, the Supreme Court of 
the United States held that tlie eleventh amendment applied to suits at 
the time the amendment was adopted as well as to suits brought after 
it; and therefore that, in the case then pending; the Supreme Court of 



182 COXDITIOX OF AFFAIRS IN LOUISIANA. 

the United States was deprived of jurisdiftion. Again, the Snprerae 
Oonrt of the United States has held that where an apjjeal is taken from 
a judgment, which judgment was correct at the time it Avas rendered, 
because of the hiw then in force, and jiending the appeal the law was 
repealed, the appellate court is bound to reverse the judgment, because 
it must be a correct judgment at the time that the final adjudication 
takes place. That, sir, was decided in the case of Peggy, 1 Cranch, 
p. 180. Justice Martin, in 17 Louisiana, decided that an action begun 
under a law and not perfected under it becomes void. Thereh)re, any 
proceeding begun by these commissioners under this law, and not per- 
fected under it, is entirely void. That this board is a court, or in the 
nature of a court, was deci<led in a case reported in 12 Annual, p. 140, 
in terms which seem to cover this point entirely. In order not to de- 
tain your honor much longer on this subject, I will refer you to a synop- 
sis of all the law pertaining to the effect of repealing statutes, con- 
tained in Smith on Statutory and Constitutional Construction, sections 
7G5 and 700 : 

It has been held that the repeal of a statute coiifeniug jiuisdictinn took away all 
right of proceetliug under the repealed statute, even iu regard to suits pending at the 
time of tlie rei>eal. (Butler r. Palmer, 1 Hill E., ;Vi4) Tliis rule has been ajiidied in 
regard to penal statutes, as I shall have occasion heieafter to show : and the same rule 
has been held as to the cousequeuces of tlie repeal against a civil light, so long as it 
remains inchoate. Such was the case in tlio case of Miller, (1 Blackstoue K.. 451.) In 
that case the repeal Avas held to work the same consequences against a civil light. 
Miller, an imprisoned iusolvent, had been compelled to assign his property, and was 
entitled to be discharged by an order of the court of quarter sessions as early as the 
twenty-sixth of September, 1761. But the 2 George III, ch. 2, had already i)assed, re- 
pealing the conipulsorj' clause — such repeal to take place fiom and after the nineteenth 
t)f November of that year. The insolvent urged his discharge, but the; sessions ad- 
journed from time to time till after the nineteenth, then refused to grant it on the 
ground that the repealing act had taken place. On motion for a mandamus. Lord 
Mansfield, chief justice, delivered the opinion of the court, and held that no jurisdic- 
tion now remained in the sessions. He cited the repealing clause, which, to be sure, 
'was ^•ery strong, that from and after, S^e., the same is hereby repealed, to all hitcnts 
(Did 2ii(>'2'»scs uhafnocvcr. But this, according to what was held iu Surties v. Ellison, and 
other cases on the repealing clause, in Geo. IV, ch. 16, was no more than a simple 
repeal. The lirst section of the 6 Geo. IV simply lepealed all the previous statutes of 
bankruptcy ; but by the last section the section was not to take effect till the first of 
September, 1.^25. And there being no saving clause as to acts of bankrui)tcy commit- 
ted, or any inchpate proceedings under the former acts, it was held that the court had 
no power to iuiplv a saving clause, although it was i)lain that by a mere inadvertence 
in legislation the kingdom was left for a time entirely destitute of its bankrupt law. 
The couit was pressed for a construction which miglit avert so great a general evil. 
But Lord Tenterdeii said, " We are not at liberty to break in upon the general rule;" 
though he admitted that it was very unfortunate that an act of so much importance 
should have been frauH-.d with so little care. In a previous case Best, C. J., said, that 
on the first of September all former acts were entirely got rid of. (Meiggs r. Hunt, 12 
Moore, ;j,j7, ;}.')'J ; S. C, 4 Bing., 2111) In a sulisequeut case a struggle was made to 
save a deposition as evidence which had been taken to supjiort a coniiiiission of l)ank- 
rnptcy under the former statute, ("> (Jeo. II, ch. 'M), sec. 14.) but which deposition did 
not happen to have been eurolled as that section reipiired, in order to make it admis- 
sible. 

A stronger case could not be put. 

It was in all other respects completely under the former statute : but the party 
ina<lvi'rtently omittcid the act of enrollment till after tlie repealing clause took effect. 
And the court held that no right remained even to enroll, although tin; repealing act 
provided the like jiower of enrollment iu ]iroceeding iintler itself. In siiort, after much 
consideration, the court declared that the clause operated as asinii>le repeal : and Lord 
Ch. J. Tindall laid down the rule aiiplieable to such a case. He said, " 1 take the effect 
of a repealing statute to be to obliterate it (the statute repealed) as completely from 
the records of the Parliament as if it had never jias.sed, and that it must be consid- 
ered as a law that never existed, excejit for the ]>uri)ose of those .letions or suits which 
■were commenced, prosecuttd, and coiiLludcd while it was an existing law."' 

Section 766. It will be perceived that the rule laid down in this and several other 



CONDITION OF AFFAIRS IX LOUISIANA. 183 

cases Las no respect whatever to the circiimstaiiee that tlie repeah'il statute was either 
of a criminal or jurisdictional charaeter. Nor is it perceived wliy, in cases of civil 
riiflits, an exception is not just as practieahle in favor of a jnrisdietion given to enforce 
the right, as to the right itself. On authority tiien, at least, no rigiits arising under the 
repealed statute can V)e saved except by express reservation in the repealing statute, 
or wh(!re those rights have been perfected by taking every step which deix-nded for its 
force on the former act. 

There is a fall discussiou of the subject, but I extract only the cream, 
iu order not to detain your honor or fatigue myself by readinu" three or 
four paj;es of similar law. Your honor need not look beyond this book 
for all the authorities on the subject, unless there are some which have 
arisen since the [)ublication of this work. If, sir, I am right in this pro- 
l)osition, there is an end to this litigation, because tliere is nobody to 
enjoin. The plaintiff" and defendant are dead. The plaintiff board and 
the defendant board are " gone where the woodbine twineth ;" and your 
honor, therefore, is relieved from the necessity of investigating this ques- 
tion of fraud. 

But suppose I am mistaken as to that, who brings this suit ? William 
Pitt Kellogg, a Senator of the United States at the time of his nomina- 
tion, a Senator of the United States at the time of his alleged election, 
a Senator of the United States at the time this board was proceeding to 
cauvass these returns, a Senator of the United States at the time of the 
institution of this suit, a Senator of the United States at the time of the 
argument of this cause. Is he iu a position to question this election ? Is 
he, under the constitution of Louisiana, entitled to this office if elected ^ 
If not, there is no use in making any investigation as to whether he was 
or Avas not elected ; for, if he was ineligible at the time the election took 
place, if ineligible at the time that this suit was instituted, if ineligi- 
ble now, he has no interest in raising these issues, he has no interest in 
coming forward and niaking these charges. Your honor will remark 
that he files his bill uytou the ground that he will at some future day in- 
stitute a suit to claim the office of governor. It is a promise upon his 
part which he is not l)ound to fulfill; and if he did violate his promise 
I don't believe that many tears would be shed in the State of Louisiana 
in consequence of it. The question presented here is not only one of 
eligibility under the constitution, so as to reiuler the election as to himi 
void, but it is also a <piestion whether or not his eligibility depends upon 
Ids own volition, taking the other view of the case. The question is, 
whether this court can be called upon to make an idle investigation into 
a complicated case, which investigation may turn out to be utterly worth- 
less and useless, or its utility would depend entirel}' u[)on the whim or ca- 
price of Mr. Kellogg in the future. Your honor will perceive that I draw a 
distinction between the two propositions. One applies to absolute in- 
eligibility, so as to defeat him at all times for the office; the other is a 
qwt'stlon of standi in curia. Does he come into this court clothed in 
those garments which would entitle him to be considered iu the investi- 
gation of this case? Is he now in(bie(l with the garnuMits of eligibility', 
if I ma\' so term it? lie was at the tinie of his alleged election, at the 
time of the institution of this suit, and is now, so far as our constitution 
is concerned, excluded from the church. He isan unbaptized infidel, to 
use ecclesiastical language to express the idea. Can he come into 
this Christian court until he has the sign of the (;ross u[)on him, to show 
that he is entitled to recognition as within the fold — as being eligible to 
that station to which he aspires? Now, sir, what does the constitution 
of .the State say upon this subject? Article 52 says: 

No nieniher of Congress, or any person holding office under tlie United States Gov- 
ernment, shall be eligible to the office of governor or lieutenant-governor. 



184 CONDITION OF AFFAIRS IN LOUISIANA. 

Mark you, this article (loos not use the language used in the Consti- 
tution of the United States, Avliieh says that no person shall he a Sena- 
tor or Kepresentative unless he possesses such and such qualilications; 
that is, that he cannot act as Senator or act as IJepresentative if he is 
not so and so. Tliis article of the State constitution does not say that 
no i)erson sliall he governor or lieutenant-governor who hohls an office 
under the United States Government; for then, (;learly, if lie did not 
hold such an office at the time that he (pialified there would be no ]»ro- 
hibition. The language used is, that he shall not be cUgible to the office 
01 governor or lieutenant-governor. There was another article of the 
constitution which declared that the governor should be ineligible to 
the governorship for the succeeding four years after the expiration of 
the term for which he shall have been elected. That article has been 
stricken out: but I refer to it as being in the constitution at the time 
that article 52 was adopted, to show what was in the mind of the framer 
of the article at the time it was conceived. Another article says that 
" no i)erson shall be eligible to the ofhce of governor or lieutenant-gover- 
nor who is not a citizen of the United States, and a resident of this State 
two years next preceding his election." So that whenever the word 
" eligible" is used it refers to the time of election. " He shall not be 
elif/ible to the othce of governor," &c ; " the governor shall be ineligible 
for the next su(;ceeding four years;" " no member of Congress," &c., 
" shall be eligible to take the olHce of governor or lieutenant-governor." 
Does that term " eligible" ai)ply to the time that the election is held, or 
does it apply to the time that the party may select, at his own volition, 
to qualify, in order to exercise the functions of the office to which he 
has been elected ? What need, sir, was there to place in the constitution 
a prohibition that no member of Congress or person holding office under 
the Government of the United States should exercise the office of gov- 
ernor or lieutenant governor t Because it is a physical impossibility 
that they should exercise both functions at the same time. He could 
not be in his seat in the Senate, he could not be a member of the Cabinet, 
and at the same time be the governor. That, clearly, was not within 
the contemplation of the franu>r of the constitutional article. 

If I were i)ermitted to roam into the field of imagination, I think I 
could well picture the views that operated upon the mind of the person 
who first conceived that article; for it is but a coi)y from other consti- 
tutions, and preceding constitutions of this State. I can imagine that 
he might have seen, in the dim vista of the future, a custom-house sur- 
rounded with Gatlin guns, and United States officials in charge of a 
republican convention; he might have inuigined a convention assem- 
bled in some country parish of this State, i)resided over by the United 
States surveyor of this port, controlled and mauipnhited by the United 
States marshal, su[)ported by United States employes, from whose sala- 
ries five per cent, would be exacted in order to be successful in se(;uring 
the nomination of some chief oflicer of the United States Government. 
He might have inmgined a convention controlled by <leputy marshals, 
who would allow nobody to enter unless pledged to the sujjport of a 
particular candidate, who would be an officer of the United States Gov- 
ernment. I could (h'aw a picture of inlluence and i)ower which the 
framer of this article nuist have foreseen, and u Inch he desired to pro- 
hibit or prevent, and could only do so by declaring that the person in a 
position to exercise such enormous power in regard to the election of 
proi)er officers of the State should not be allowed to do so in his own 
interest. And, sir, if I am accused of having overdrawn the i)icture, I 
think 1 could with safety appeal to one of the learned counsel on the 



CONDITION OF AFFAIRS IN LOUISIANA. 185 

opposite side to defeiuT me from the accusation, lie will testify tbat 
the pietnie is not merely one of inm^ination, or, if it be imaginary, is 
not overdrawn, but true to luiture. I say, sir, tliis article of the (;onsti- 
tutiou was inserted for the express purpose of preventing the exercise of 
this overwhelming influence, which might be brought into play by any 
])erson high in the confidence of the Unite<l States (iovernment, by con- 
trolling all of its oflkiials within the boundaries of the State in order to 
secure the nomination and election of sonui favorite of that Government. 
That should be the construction place<l u[)on the article in order to arrest 
this evil ; and it is the construction which has been i)laced u[)on a similar 
constitutional article by the su[)reme court of California, where the ques- 
tion has been discussed and decided. 
I read from lath California, 118 : 

Under the twenty-first section of article 4 of the constitution of tliis Stute, a person 
hohling the Federal office described in that section is incapable of beinj; elected to a 
Statii office ; lie cannot receive vottss cast so as to <>;ive him a right to take the State 
office upon or after resigning the Federal office. The word " eligible " in this section 
means capable of being chosen — the subject of selection or choice. 

That is the bead-note. The article of the constitution referred to is 
as follows : 

No person holding any lucrative office under the United States or any other power 
shall be eligible to any civil otfice of profit under this State : provided, that offices in 
the militia, to which there is attached no annual salary, or local officers and post- 
masters, whose compensation does not exceed five hundred dollars iier annum, shall 
not be deemed lucrative. 

The court goes on to saj' : 

The counsel for the appellant contends that the true meanuig of the constitution is 
that the person holding the Federal office described in the twenty-first section is for- 
bidden to take a civil State office while so holding the other; lint that he is cai)ablc 
of receiving votes cast for him, so as to give him a right to take the; State office uiion 
or after resigning the Federal office. But we think the plain meaning of the words 
quoted is tlie opposite of this construction. The language is not that a Federal officer 
shall not liold a State office while he is such Inderal ofiicer, but that he sliall not, 
while in such Federal office, be eligible to the State office. We understand the word 
"eligible'' to mean capal>le of being chosen — the subject of selection or choice. The 
people in this case were clothed witli this power of choice ; their selection of the can- 
didate gave him all the claim to the office which he has; his title to the office comes 
from ihcir designation of him as sherilf. But they could uot designate or choose a man 
not eligible—), e., not capable of being selected. They might select any man they 
chose, subject only to this exception, that the num they selected was capable of taking 
what theyjhad the power to give. We do not see how the fact that he became capable 
of taking" the office after they had exhausted their power can avail the appellant. If 
he was not eligible at the tinu^ the votes were cast for him, the election failed. We do 
not see how it can be argued, that by the act of the candidate the votes, whjch when 
cast were inetiectual, because not given for a qualified candiilate, became eflfectual to 
elect him to oflice. Can it be contended, that if Grow had not been a citizen of the 
county or of the State at the time of the election, or had been an alien at that time, 
that the bare fact that he did so become a citizen at the tinu; he quiilified would entitle 
hira to the office ? Or suppose a man, when elected, under sentence and conviction for 
crime — if suclia case can be, supposed — would a pardon before qualification give him a 
right to hohl the office ? When the words of the constitution are plain, we cannot go 
into curious speculation of the policy they meant to declare. It may, however, have 
been a part of the policy of the provision quoted to preveutthe employment of Federal 
patronage in a State election. 

Therefore, sir, I say that he has no right to this oflBce, if elected ; 'he 
has no right to say to the people of this State, " Vote for me at yonr 
election, and then, if I choose to take the oftice I will take it ; if I choose 
to put myself in a position to qualify I will do so." It would then be a 
matter depending entirely ui)ou his own volition. Why, sir, to such an 
extent is the doctrine carried, that a party must be eligible at the time 
of the election, that there are decisions of the higli courts in England 



186 CONDITION OF AFFAIRS IN LOUISIANA. 

to the effect that votes given for an nnqualified or ineligible candidate, 
at the time of the election, are votes thrown away, and cannot be 
counted. In the celebrated case of Gosling vs. Veley et «/., reported in 
7 Adolphns «& Ellis, N. S., the coart of king's bench, Lord Deniuan, de- 
cided that votes given for a person who is notoriously unqualified are 
votes thrown away, and that the party qualified receiving the next 
highest nnmber is elected. Tlie same doctrine has been pronounced in 
the case of The People vs. Clute, reported in October, 1872, where the 
supreme court of Xew York, after a most elaborate investigation into 
the case, held that votes cast for a candidate by persons having notice 
of his ineligibility were void. That is a case in which this wliole doc- 
trine is examined. I will not tire the court by reading the decision. 
The point is, tliat ineligibility at the time of the election renders the 
votes cast for the ineligible candidate void, and therefore he cannot 
qualify himself for an ofitice to which he is not elected, from the fact that 
the voies cast for him cannot be counted at all. If that be true, it is 
l^erfectly immaterial ho\^ many frauds Governor Warnioth and his board 
may commit, so far as this complainant is concerned. 

But, sir, suppose I am wrong as to that proposition. I still take the 
ground that this court's time cannot be encroached upon to adjudicate 
future riglits which may never arise. If the complainant comes here 
claiming that this court has equity jurisdiction to issue this injunction 
for the pairpose of perpetuating testimony to be used in a suit that he 
intends to bring, he must show that he is in a position to bring that 
suit; he must show that he is in a position now to stand in court. He 
could not bring a suit for thfe office of governor as long as he occupies 
the position of United States Senator, because he has no interest in- 
volved which would be recognized in a court of justice. 

If the court should render a decree in his favor he could not take the 
office, lie is not debarred from the office by denial of tlie right to vote 
on account of race, color, or previous condition of servitude; but he is 
debarred the office by virtue of the constitution of the State, which 
says that no Senator of the United States sliall hold the office of gov- 
ernor, or be eligible thereto. He is now, being in the position of Sen- 
ator, without right to bring this suit, because he is not cai)able of hold- 
ing the office. Will your honor, therefore, allow the valuabh^ time of 
this court to be wasted in going info an investigation to determine these 
momentous (juestions of fraud between these parties, and to determine 
these momentous constitutional questions, and after you have done so, 
for Mr. Kellogg to turn around and put the decision in his favor in his 
liocket and go away from tlie State, because he does not choose to be 
qualified and resign his office under the United States? It is a different 
case where a man is qualified at the time of his election. He can go 
into a court of justice to have his right asserted, and then, if he does 
not choose to exercise it, it is his business; but his right is a i)ersonal 
right: it is a vested right. The decision of your honou now would not 
he in favor of any personal or vested right, or of any existing right; 
but in favor of a possible condition of things which may or may not 
arise. It seems to me that, under the decision of the Supreme Court of 
the United States in the case of Cross and Du Yalle, reported in 1st 
Wallace, this court is not going to lose its time ui)Ou the adjudication 
of prospective, contingent future rights. The book is not here, but I 
assert the proposition. It was a case where the parties called upon the 
court to decree what would be their rights on a future contingency; 
and the Supreme Court of the United States cited with approbation 
the opinion of Lord Justice Turner, of the court of chancery appeals 



CONDITION OF AFFAIRS IN LOUISIANA. 187 

of England, to the effect that tlie time of the court must not be allowed 
to be wasted in the adjudication of future rigiits, but that the party 
seeking relief must have some vested right at the time. 

Now, may it please your honor, I believe I have discharged the duty 
which was imposed upon me in the opening of this case on behalf of 
the defense. I have presented all the law which Itlunk we will present, 
so far as the principles which I contend for have been discussed. What 
I have to say in conclusion is this: that upon a motion for an injunc- 
tion, the universal rule in chancei'y is that the court will not intervene 
to restrain any one from a(;ting merely upon the allegation that certain 
apprehended frauds are about to be committed, without specific allega- 
tions and proof, outside of the mere allegations, of the frauds which it 
is api)rehended the party will commit. I read from 7th Robertson's 
New York Reports, 280 : 

The bare allegation of a fear that defeuclant is about to do some act, without alleging 
the facts and circumstances which prima facie justify such fears, will not authorize au 
injunction to restrain the commission of an apprehended act. 

The other principle to which I desire to call the attention of the court 
is, that on a motion for an injunction, where the affidavits and the an- 
swer deny all the allegations in the bill, the injunction, if issued, should 
be dissolved; and, of course, on a rule nisi the injunction should not 
issue at all. (3 Roberton's X. Y. Reports, 523 ; 26th Maryland, 82 ; 37th 
Georgiaj392; ith New Jersey.) And where collusion and fraud are 
charged, the answer of one defendant is considered sufficient for all. 
Now, sir, that being the case here, we have nothing but the bare allega- 
tion of VVilliam Pitt Kellogg that the governor and these gentlemen are 
about to commit these enormous crimes and offenses, in which he 
charges that a contract was made with every supervisor of registration, 
before his appointment, to carry out this contemplated scheme by which 
the voice of tlie people was to be defeated — an allegation, sir, which the 
statutes of the State prove to be false, because the registration law was 
l)assed in 1870, which requires the appointment of registrars throughout 
the State, and of the chief registrar, whose office should continue for 
two years; and the chief registrar of this State had been in office two 
years before this election. This complainant, Kellogg, was nominated 
for office, as sworn to in the answer, in July, 1872, and the i)resum])tion 
is that the governor of this State exercised his duty under the registra- 
tion act in the ai)pointn)ent in 1870 of these officers. There is no allega- 
tion in the bill that he removed those who were incumbents and ])ut in 
new ones for the i)urj)ose of carrying out and perfe(,*ting this conspiracy. 
So that the very first allegation in the bill — that the scheme was to 
control the votes of this State by these fraudulent api)ointments — is un- 
true, on tlie face of the statute of the State. 

There is no allegation in the bill, in regard to the election commis- 
sioners, that these frauds were to be committed by the commissioners 
of election. Their reiiutation, at least, is unsullied and unstained, 
so far as this complainant is concerned ; and the frauds in regard to sup- 
l)ressing votes could not be committed, except through the instrumen- 
tality or the fraudulent conduct of the commissioners of election. Y'our 
honor will notice, that of the ten thousand voters alleged to have been ex- 
cluded from the right of voting, not one single solitary voter has had his 
affidavit tiled in this case to sliow that he was so excluded on account 
of rac<', color, or previous condition of servitude. If we are to take the 
three or four allldavits which I have read as a sam[)le of the five thou- 
sand which they ;<ay they will file, there is not one to the effect that any 
man was excluded from registration or voting on account of race, color, 



188 CONDITION OF AFFAIRS IX LOUISIANA. 

or previous condition, and not one deponent swears that he is a colored 
man ; and yet, sir, this restraininji' order has been issued upon that 
foundation. Tlie gentleman says that these are sainj)les ; if tliey are 
samples, not one of them isadmissible in evidence ; and I suppose, with- 
out examining the whole bundle of merchandise wliieh has been brought 
in here, that they correspond to the sami)les, Xot one of them, there- 
fore, comes within the act of Congress, entitling such votes to be counted, 
because tlie allegation in the bill is that they were excluded froai voting 
because they were excluded from registration. It is not i)retended in 
the bill that anybody was excluded from voting who was registered. 
The only allegation, so far as votes excluded are coiu'erned, is that they 
were excluded from registration. In that event, they must prove that 
they made afQdavits before tiie registration officers, at the time they 
offered to register, that they were refused on account of race, color, or 
previous condition of servitude; and then with those affidavits they 
must make new affidavits that they were refused the right to vote at they 
))olls upon the affidavits made at the time of registration. Ki^ad the 
act of Congress, and you will find that the second and third sections 
require that it should upper by affidavit that the \y.ivty was refused 
registration on account of race, color, or previous conditiou,and then by 
a second affidavit that he was refused the right to vote on that account, 
though he produced the first affidavit to the commissioners of election. 
I say, sir, that there is not a solitary affidavit of any man here who 
swears that he was rejected for other causes than the want of registra- 
tion, and not one swears that he was rejected on account of race, color, 
or previous condition of servitude. 

You can estimate from these samples the value of the other allega' 
tious contained in the bill. Wherever we have had the slightest oppor- 
tunity to examine anything outside of the oath of this remarkable man, 
charging this remarkable fraud upon this number of men throughout 
the State, we contradict him. If he refers to the law, we contradict 
him. If he produces affidavits, they themselves contr<idict him. In the 
affidavit of Antoine, the candidate for lieutenant-governor, and also 
United States officer, as to the rejection of five hundred votes in the 
parish of Caddo, he does not swear that those votes were registered or 
were refused registration. He swears, in substance, that he km)ws of 
his own knowledge, and from information derived from others, that five 
hundred men were on election day refused the right to vote on account 
of race, color, or previous condition. lie does not say that they 
were registered voters. He does not swear, so far as I know, that 
any one was refused the right to register. I would like to know 
whether any of the large number of affidavits filed to day are from the 
parish of Caddo — I don't know, as I have not examined them. The 
complaint also brings the affidavits of the two Letts and of Kelso, that 
fifteen hundred legitimate votes were refused registration in the parish 
of Kapides, and that this was done in the months of. September and 
October. Why was not your honor appealed to prior to this elec- 
tion ? This court had jurisdiction in the matter. The act of 1872 re- 
quired this court, at the instance of the United States marshal, to go 
up there in the neighborhood of Kapides, if there had been any such 
refusal on account of race, color, or previous condition, and to enforce 
the rights of these men. Was your honor ever called upon to go 
there and enforce these rights ? You might have gone there in Sep- 
tember and October, and, by the decrees of this court, have remedied 
these alleged frauds. These men, after remaining silent until after the 
election, are now brought up to support this monstrous and untruthful 



CONDITIOX OF AFFAIRS IX LOUISIANA. 189 

bill, filed against tlie officers of this State, througliout its entire length, 
and against gentlemen of as high honor as any in this country. 

The very vote published in the pa[)ers of these i)arishes will convince 
your honor, if you will read it, that these affidavits are false. Take the 
vote and compare it with the census of the United States as to popula- 
tion ; take the vote cast by both i)arties in those two i)arishes of Caddo 
and itapides, and I say that your honor will coiiie to the conclusion that 
these artidavits are false. There was a larger vote for both parties in 
both of those parishes in 187- than at any other election, and a very 
large one in proportion to the i)o])ulation of tlic State, white and colored. 
Therefore, sir, this bill stiuids without any support as to fact, except the 
aftidavit of the complainant. Governor ^^'armoth has denied it through- 
out in the most formal manner, and all of thedefendants to the bill have 
denied it. Upon the sworn denial of the defeiulants, then, on the mo- 
tion to disolve, the preliminary injunction will be dissolved, and there- 
fore, of course, it will not be granted upon the rule to show cause. 

I have done, sir. If 1 have done nothing more in making this ex- 
tended argument, I have vindicated a nuin who, whatever may have 
been his course in the past, at least cannot now be charged with doing 
anything detrimental to the interests of this State. I have showu that 
this suit is gotton up in conseciuence of political acrimony, aiising out of 
personal difficulties and dis[)utes in politics between these parties ; that 
there is no foundation in law and "no foundation in truth in the allega- 
tions contained in this bill ; and that the only course which is left to 
your honor to pursue is to turn this party, so far as this injunction is 
concerncMl, out of court, and tell him there is no evidence whi('h he has 
any interest to preserve, and that all the evidence he wants preserved is 
preserved for him in the public n-cords of the country. 



Circuit court of the United States, fifth circuit and district of Lou- 
isiana. 
William P. Kellogt ) 

m. [• Xo. G830.— In Equity. 

IT. C. Waemoth et. als. ) 

ARGUMP:NT .of E. C. billings, Esq. 

May it please your honor, in (;ommencing the argument in replj' on 
the i)art of the comi)lainant in this case, I wish to exj)ress the admira- 
tion which I have felt throughout the entire discussion for the bill drawn 
by my associate, ^Ir. Beckwith, as a specimen of ecpiity pleading; a 
bill which, I take the liberty to saj', I trust, without presumption, will, 
when the snu)ke of this contest is cleared away, and the weighty an<l 
deep purposes which uov^- slumber in the amendment to the Constitution, 
called the fifteenth, and the statutes passed thereunder, are clearly under- 
Stood, will then be reeogniziMl everywhere as presenting <iuestions within 
the jurisdiction of this court as certainly as is any bill on the subject of 
patents. I a[)preciate, and admire, too, the learning, the method, great 
intellectual force, and elo<]uence of the four solicitors who lia\ c addressed 
your h(uu>r in belialf of the defendants. I think it may i)e safely said 
that with sut;h an array of talent, and such ample opptutunity tor prep- 
aration, if the defendants have failed — as I think ihey have utterly — 
in their line of argument to show that the court is without jurisdiction, 
they have left altogether unobstructed the course of reasoning which 



190 CONDITION OF AFFAIRS IX LOUISIANA. 

sliows on the part of tliis court a jurisdiction comprehensive and com- 
plete. Indeeil, so clear is my view of tUis part of the case that I think 
yonrhonor will be recreant to your duties as a judge, placed here to admin- 
ister the laws of the United States, if you do not extend the relief asked 
for, and that swiftly and with all the authority of the circuit court. I 
say I have enjoyed this discussion. But it does seeui to me that when 
"we come back from a consideration of the matters to which the ehxjueuce 
of the defendants' solicitors have taken us, and look at the case before 
your honor, we shall see how few and simple are the principles really at 
issue, and upon which this case must be solved. 

I propose in the tirst place to say a word upon the question of the 
eligibility of Mr. Kellogg to the office of governor. If the court pleases, 
this question may readily be disposed of by the simple remark timt, this 
being a suit in e(iuity brought in aid of a contemplated suit at law to 
test his title to the oflice of governor; the objection of ineligibility could 
only with proi)riety be urged in the suit at law. In that suit it will be 
an issue of fact, to be found by a jury under the instructions of the court. 

Strictly speaking it is foreign to this case and cannot be here inter- 
posed ; but the objection has so little weight that for one I should be 
I)erfectly willing to have it considered now and here in this case before 
your honor. The language of the provision of the constitution of the 
State of Louisiana, ui>on which defendants' solicitors rely, is as follows: 
"No member of Congress or any person holdingoftice under tiie United 
States Government shall be eligible to the ofhce of governor or lieuten- 
ant governor." This ])rovision — as has been correctly stated by the 
learned solicitor, Mr. Hunt, who preceded me — is fouml in the constitu- 
tions of 1812, IcSlo, and 1852. In the constitution of 1812 there is this 
difference, that another class of persons are declared not to be eligible, 
namely, " any minister of a religious society." This clause, "minister 
of a religious society," was omitted in the constitution of 1815, and in 
the subse(iuent constitutions. 1 desire to call your honor's attention in 
this connection to the fact that the constitutions of the other States 
have a similar provision, varying more or less, but substantially the same. 
For instance, the constitution of the State of Texas, section 13, article 
7, contains the following provision : " No member of Congress, or any 
l^erson holding an office of tiust under the United States, or either of 
them, or under any foreign power, shall be eligible as a niember of the 
legislature, or hold and exercise any office of private profit or trust in 
this State." 

Now, if the court pleases, the question is, Avhat do the words " eligible 
to the office of governor" mean ? The dictionaries give two definitions 
to the word "eligible" — one, "capable of being elected;" the other, 
" capable of holding;"' and the (juestion is whether the framersot the con- 
stitution meant to i)rohibit the i)ersons named from being voted for, or 
from holding the office. I think the ordinary definition was in the minds 
of the framers : that they nieant to say that no man shall serve two 
masters; that no man should be so situated that his allegiance should 
be divided; that if he was an officer of the United States he should not 
hold the office of governor of this State. 1 think the noscifur a sodas 
argument heli)s very much to bring us to this conclusion, for we find 
that the minister of a religious society was in the first instance within 
the exclusion. We find that in other States a person holding any office 
under a foreign i»owei- or a sister State is excluded. 1 think the framers 
■were not observing the nicety of the derivative meaning, but they struck 
at this idea of double masters, of double allegiance, in language which 
by the popular mind would be well understood to prohibit simply that. 



CONDITION OF AFFAIRS IN LOUISIANA. 191 

J^ cannot yield my assent to tlie tlieory which has been ])iit forward with 
so much phuisibility and ingenuity, tliat the object of this provision was 
to prevent a candidate wlio was a nuMuber of Congress from using- the 
patronage of that position during the canvass. When we consider that 
this ])rovision originated in the year 1812, we readily see that such a 
suggestion would then have had very little force, for I think I am war- 
ranted in saying that at that time the patronage of a member of Con- 
gress was scarcely e<]ual to that which is enjoyed by my friend Mr. Clai- 
borne, the clerk of the district court, which is (;onfined to the api)oint- 
ment of one or two deputies. The vision, therefore, which haiuited my 
friend, ]\Ir. Seinmes, of seeing United States officers marshaled to secure 
a nomination, Avas Ibrever remote from tliis provision. The i»rovision 
had a meaning which is quite consistent with the words used if we refer 
to the tenacity with which at that time the doctrine of State rights were 
held, and the firmness and universality almost with which any encroach- 
ment upon the sovereignty of a State was resisted. 

I see in this provision only a prohibition on the part of the State of 
Louisiana, with more or less of the attributes of sovereignty, tliat no 
person who held the office under the United States should hold the office 
of governor or lieutenant-governor. 

A similar question has repeatedly come before both houses of Con- 
gress; and they have uniformly held tliat if the disability, whether 
springing from non-age or participation in the rebellion, did not exist at 
the time the member proposed to take his seat, that he should be seated. 

By the Court. There is a historical fact contemporaneous with the 
adoption of the constitution of 1812 which I will bring to the notice 
of the counsel on both sides. The late Governor Claiborne was the ter- 
ritorial governor of the Territory of Orleans, ai)pointed by Mr. President 
Jefferson. At the time that that Territory was erected into the State of 
Louisiana he was elected the first governor of Louisiana under the con- 
stitution of 1812, and tlius passed from the chair of the territorial gov- 
ernorship into the chair of the governor under the constitution. 

Mr. BiLLiNas, resuming. Such a contem[)oraneous construction, 
adopted, as we may say, by the very framers of the constitution, so 
clearly shows their meaning in this phrase as to take away the necessity 
of any further argument on that point. 

I come now, if the court pleases, to the point raised by Mr. Justice 
Howe, which was in substance that the act passed by Congress in 1870, 
and the act amending the same, were unconstitutional. His view is, 
that the provisions of the Constitution known as the fifteenth amend- 
ment, simply prohibited a State in its capacity as a State from abridg- 
ing the right of suffrage on account of ra(;e, color, or previous condition. 
I submit that this was the object of the fourteenth amendment, which 
provided in substance tliat if any class of iiersons were excluded from 
voting they should be excluded from the liasis of reiu'esentation in the 
lower house of Congress. But the fourteenth amendment, as I shall 
show in another connection, had proved utterly inadequate, and there- 
fore it was that this all-inclusive, sweeping fifteenth amendment was 
submitted and ratified. I know not how ('ongress could enforce the 
fifteenth amendment, did the amendment simply speak of the action of 
a State. The article of the Constitution which provides a guarantee of 
a republican form of government to each State bears with it all the 
force which 'Mr. Justice Howe would attribute to this amendment. I 
think, therefore, that the object of the provision which we are consid- 
ering was to reach much further, and prevent any State, through its 
officers under its laws, or under color of its laws, or under color of any 



192 CONDITION OF AFFAIRS IX LOUISIANA. 

of ifs proceedings, from abridging practically — not simply in theory — 
the riglit to vote. I think this view is conclusively made manifest by 
the |)receding and contemporaneous events, to which I shall allude in 
connection with the question of jurisdiction, and that when Congress 
by such an overwhelming vote enacted this enforcemeut act they were 
not mistaken as to the scope and meaning of this great amend- 
nu'nt. I thiidv the object of that amendment was to put it into the 
power of Congress, by any tneans which they judged requisite, to pro- 
tect every citizen of every State practically and effectively in the exer- 
cise of his right to vote. 

Then we come to the question to which all the counsel have more or 
less addressed themselves: Has this court jurisdiction of this case? 
and if it has, by virtue of what statute or what ])art of the statute? 

In ])resenting my view of this (juestion, I shall call your honor's 
attention to the laws of Congress which give jurisdi(;tion, and then to 
tlu' historical facts which go to show what remedies were intended to 
be afforded by showing what evils existed. 

In the view which 1 shall have the honor to submit, the jurisdiction 
of the circuit court over the subject of }»reventing or interfering with 
the right of any citizen to vote on account of race, color, or pi-evious 
condition, whether that attempt be made ni the exclusion from registra- 
tion, from casting a vote, or from having a vote effectively counted, is 
as complete as is the jurisdiction of the circuit court over the subject- 
matter of patents. The case has been argued on the other side as 
though the jurisdiction of the circuit court rested entirely upon the 
twenty-third section of the original act ; but I think I shall show that 
there is a much broader jurisdiction in the act and in the amendment. 
I wish hei'C to read the declaratory parts of the statute. The first sec- 
tion provides that "all citizens of the (Juited States who are or shall be 
otherwise (jualitied by law to vote at any election by the peojde in any 
State, territory, district, county, city, parish, townshij), school district, 
inunici[)ality, or other territorial subdixision, shall be entitled and 
allowed to vote at all such elections, without distinction of race, color, 
or previous condition of servitude ; any constitution, law, custom, usage, 
or regulation of any State or Territory, or by or under its authority, to 
the contrary notwithstamling." Now, if the court pleases, that is the 
key-note to this whole statute. There is the declaration of what the 
members of Congress designed should be secured; there is the measure 
of jurisdiction which is given to this court; and all this notwithstand- 
ing the ))rovisioiis of any State to the contrary. Then we come to the 
third section : " Whenever, by or under the authority of the constitution 
or laws of any State or Territory, any act is or shall be require<l to be 
done b^- any citizen as a prerequisite to qualify or entitle him to vote, 
the offer of any such citizen to perform the act required to be done as 
aforesaid shall, if it fail to be carried into execution by reason of the 
wrongful act or omission aforesaid of the person or officer charged with 
the duty of receiving or permitting such ])erformance, or otter to per- 
form, or acting thereon, be deemed and held in law as a performance of 
such act; and the person so ott'ering and iailing as aforesai<l, and being 
otherwise qualified, shall be entitled to vote in the same manner and to 
the same extent as if he had in fact performed such a(!t." 

To make this section applicable to the case before us, they have said to 
your honor that, as a matter of law, whenever a person otherwise quali- 
fied has gone and desired to register and has been refused, and has been 
also refused the right to vote on account of race, <v:c., that he shall be 
deemed in law to have been a registered voter. Your honor will per- 



CONDITION OF AFFAIRS IN LOUISIANA. 193 

ccivo that the entire statute following- goes through upon the basis of 
the first section. We come to the twenty-third section, which reads as 
follows: that " whenever any person shall be defeated or deprived of 
his election to any office, except elector for President or Vice-President, 
or Delegate in Congress, or member of a State legislature, by reason of 
the denial to any citizen or citizens who shall offer to vote, of the riglit 
to vote on account of race, color, or previous condition of servitude, his 
right to hold and enjoy such office and the emoluments thereof shall 
not be iinpaired by such denial." 

Here, then, the great princii)le is declared that whenever, on account 
of race, color, or previous condition, a vote has been rejected which 
would otherwise have been cast for a candidate, that candidate shall be 
deemed in law to have received that vote. Here, then, is a declaration 
by the statute — first, of the right to vote ; second, of the right to vote 
although registration has been refused; and third, of the riglit to have 
the vote counted although reje(!ted, provided the refusal ancl the rejec- 
tion are in consequence of race, color, or previous condition ; and the 
candidate is invested with the right to assert title to the office and to 
have and hold the office and its emoluments to the same extent as if 
the voter had been allowed to cast the vote, nnjustly, and from partiality 
to race, refused. 

I may call your honor's attention to the fact that these declaratory 
portions of the statute are also enforced by severe penal sanctions. 

But it is enough for the purpose for which I invoke it that the statute 
in the clearest manner invests the voter and the candidate with these 
rights, and that the scope of the statute applies to the whole machinery 
of voting, from the commencement of registration down to the final an- 
nonncement by the last officer of the result. The circuit courts of the 
United States being courts of limited jurisdiction, I admit that the mere 
statutory declaration of rights does not give the party aggrieved the right 
to come here for redress. But it seems to have occurred to Congress 
that such fundamental rights thus broadly stated needed a jurisdiction 
for their enforcement correspondingly enlarged, and that not alone at law, 
but in suits at equity the party may seek his remedy. Accordingly we 
find in section 15 of the amendatory act "that the jurisdiction of the 
circuit courts of the United States shall extend to all cases in law or 
equity arising nnder the provisions of this act hereby amended." 

Xo'w, may it please the court, I would like to have heard the solicitors 
upon the other side answer this question: What possible case in equity 
could, according to their theory, arise under this act? And I ask, can 
I be wroug in urging that whoever has his rights taken from him or 
threatened may have his appropriate remedy here at law or in equity? 
And is not the' case made by the bill a case — from beginning to end — of 
attempted infractions of the complainants' right in violation of these two 
statutes ? It seems to me clear that wherever an infraction of these 
rights has been consummated, it may be here redressed; wherever it is 
being attempted, it may here be prevented. That is to say, whatever 
right of action exists by law for wrongs done in violation of the de(;lared 
rights under these statutes, the party may be compensated for here. 

And whatever rights given by these statutes are threatened may be 
secured by the appropriate conservatory process of this court, sitting as 
a court of equity. The general proposition upon which this part of the 
argument rests is that wherever the statute creates rights there must 
be a proper right of action to the party aggrieved. To show that I am 
not mistaken, I desire to call your honor's attention to two cases. The 
first is that of " Van Hook vs. Whitlock,"2d Edwards's Chancery Reports, 
H. Ex. 91 13 



194 CONDITION OF AFFAIRS IN LOUISIANA. 

page 308. In tliat case, tbe vice-cliancellor, McCoura, at page 310, says: 
"Although tlie act is silent as to the form of action or the mode of 
enforcing the liability, there can be no donbt of the right of creditors to 
sne at law upon the statnte, and it is immaterial to the present purpose 
whether the action should be debt, assumpsit, or on the case; it is suffi- 
cient that the law authorizes an appropriate remedy in some form or 
the other. When the mere form of action or the action itself is not expressly 
given, it arises by impiication.'''' Chief Baron Comyn lays down the law 
that, upon every statnte made for the remedy of any injury, mischief, or 
grievance, an action lies "by the party aggrieved, either by the express 
words of the statute or by implication. In Bullard rs. Bell, (1st ^Masou, 
200-292,) Mr. Justice Story says: 'the result of this examination in- 
structs us that the action to be pursued to enforce a statutable right, ob- 
ligation or remedy for a grievance is not necessarily debt, but depends 
ui)on the subject-matter and nature of the provisions of the statute. But 
the action here spoken of (p. 290) is not any one specific remedy, but an 
action adapted to the nature of the case, and molded according to the 
forms and distinctions of the common law.'" 

It may be an action of " debt, or assumpsit, or trespass, or case, 
as the particular nature of the wrong or injury may require." In 
this last case the statute which created the corporation provided that 
if it should fail to pay its debts, the stockholders should be liable 
therefor. A person who held one of the obligations of the corporation 
brought a suit, and the objection was raised that it could not be main- 
tained becanse the statnte had not stated in what way the liability of 
the stockholders should be (mforced, and had not given specitically to 
the holders of the obligations a right of action. But the answer given 
by Justice Story was that wherever a statute declared a right, the 
party aggrieved-^that is to say, the party representing the right as- 
sailed in violation of the statute — had his remedy and might enforce it 
in the proper fonn of action. Now, then, we say that wherever the 
declaratory parts of this statnte, or the amendment thereto, have been 
violated, the fifteenth section of the ahiendment gives the party ag- 
grieved his remedy by an action at law wherever the injury is accora- 
X)lished and the object is to obtain compensation : by suit in equity 
whenever these provisions are about being violated, and the object is by 
conservatory process of the court to stay the hand of a wrong-doer from 
invading the rights thus declared, and especially may the court sitting 
as a court of equity extend its aid in all n)easures which are properly 
and usually ancillary to the suit at law expressly and particularly au- 
thorized inthe twenty-third section of the act. Whenever then, as here, 
a party who has been under this statute elected to any office excepting 
that of member of the legislature, member of Congress, or presidential 
elector, desires to preserve evidence jneparatory to a suit at law; or 
wherever, as here, there is a fraudulent intention to suppress and exclude 
from the eftective count, by reason of race, color, or previous condition, 
any votes; or wherever, as here, the attemi)ted fraud consists in deny- 
ing, on account of race, to the voter, registration and subsequent voting, 
the voter being otherwise qualified ; and that fraud is threatened to be 
consummated by refusing in opposition to the terms of the statute to 
give effect to such votes as if they had been cast in any of these cases, 
the jurisdiction of this court on tlie equity side is ample. 

It is to be observed that the declaratory parts of these statutes — that 
is to say, the i)rinciples enunciated — are sought to be enforced in two 
ways: first, by criminal proceedings, with heavy penalties against the 
violators ; and, next, the candidate of the refused voters is invested with ! 



CONDITION OF AFFAIRS IN LOUISIANA. 195 

tlie antliority to seek redress and ])revention of the wrong done or at- 
tempted to the voter. Without botli these means of enforcing the rights 
declared, how vain A\«)nhl have been these solemn enactments guaran- 
teeing to a race, for the juost part helpless, these, sacred and fundamen- 
tal rights! The wisdom of Congress is nowhere more signally illus- 
trated than in these two methods, which they have provide(l as the bul- 
warks, so t(» speak, of theimi)artial suffrage of all citizens of the United 
States. This, may it please your honor, is a stern and practical grant and 
enforcement of rights which in constitutions and bills of rights have ex- 
isted for a century. Does it secure more than free election — more than 
inii)artial suffrage — more than what the title of the act declares to belts 
()bj(H;t : the protection to ever}' citizen of his right to vote? To my 
mind it is strict justice firmly applied. Tardy justice, and no more, 
ineans no more than adequate to the great end sought. 

It is said that it is an entry into the domain of State rights. As 
State rights were maintained by Mr. Calhoun, the whole tlu^ory and 
doctrine of this statute is not only an entry into but a complete sub- 
version of them. xVfter the adoption of the fifteenth amendment the 
whole subject of suffrage in States, which is the beginning and end, the 
breath, the lile, the controlling spirit of a republican form of govern- 
ment, has been placed within the control of Congress. I shall show 
later in the discussion that in the opinion of democratic senators these 
acts authorized in effect the canvass under the direction of the circuit 
court of the votes for all State ofiicers, and by necessary consequence 
conferred the authority to stay a canvass which was avowedly entered 
upon with the purpose of violating these acts. It is idle for the gentle- 
men on the other side to s])eak of the restrictions in the provisions of 
the original Constitution of the United States, for the very object of the 
amendment was to do away with those restrictions. And when the 
fifteenth amendment declares there shall be no abridgment of the right 
to vote on account of race or c61or, and that Congress may enforce that 
provision by appropriate legislation, it is clearly competent to Congress 
to protect this right, either through the courts or hj the armies of the 
United States. They have at present only sent a supervisor to each 
l)oll, and put into exercise the judicial power to correct and prevent 
Irauds. Instead of this exercise of j^ower being an excess of the grant, 
it does not begin to exhaust it. Congress may place a soldier at every 
1K)11 throughout the land: and the military as well as the judicial power 
may be by them set in motion to protect and render sacred this right 
to vote. 

It will aid us somewhat if we take a historic view of the political 
rights — or rather the i)olitical wrongs — of the class of people in this 
(country who are chielly sought to be protected by this provision, for 
the poiiti(;al status of the colored people residing in the Southern States 
has ever been involved in much perplexity to the framers of constitu- 
tions and makers of laws. When the Constitution of the United States 
was ado[)ted the slaves were simply not nuMitioned, but included in a 
three-fifth clause ex(;lnding Indians not taxed, and the seed of our 
trouV)les was there sown in that evasive — and, I had almost said un- 
manly — way of authorizing a gigantic wrong. Trouble was ready to 
come from it, as it always is from unwillingness to grapple with wrongs. 
We know that it came in the grand collision in Kansas. For what was 
that struggle, except so far as it went to the question whether the right 
of suffrage for all citizens should go into the Territories ? The doctrine 
of s(iuatter sovereignty, so called, upon which one presidential canvass 
was madcj was nothing more than an attempt to avoid a direct decision 



196 CONDITION OF AFFAIRS IX LOUISIANA. 

of this question. Then came the Drecl Scott decision. The advocates 
of slavery, which then had allied to it the financial and political power 
of the whole country, conscious of its intrinsic weakness, wished to i)lace 
it in an intrenched position, and thus sought to place the colored man, if 
a descendant of a slave, forever outside the pale of citizenshi]). And so 
we find that seven out of the nine judges of the Supreme Court held 
that a free negro whose ancestors were brought to this country and sold 
as slaves could not be a citizen of the United States. (Dred Scott r.v. 
Sandford, 19 Howard, 393.) 

I pause here for one moment to say what a commentary have subse- 
quent events furnished upon the attempt here made by such a powerful 
combination, so ramified, to ])revent a slave or his descendant from ever 
asserting- any right in the circuit courts of the United States. "SVhat a 
lesson does it teach '? That he who in the name of law or coiistitutiou 
is attemi)ting to perpetrate or peipetuate a wrong ujion humanity is 
attempting that which must utterly fail, or worse than fad, and that 
Tiothing truly lives or survives, except it be founded upon principles of 
humanity and jUvStice. 

But time passed on, the year 1861 came, and with it the opening of 
the war. 

Then the same question of the status of the slave — how he should be re- 
garded and treated by the Government of the United States — was forced 
upon us. It came up to vex the governments on either sule — the confed- 
erate and Federal; to vex that great and good man, Mr. Lincoln : to vex 
Congress, so uiuch that the ofier was made that if the South would eman- 
cipate the slaves they would be paid for ; but still not disposing of them in 
reference to their political rights. Then there came the great military 
necessity for emancipation. And then came the end of the war, witli 
four millions of people, under this Dred Scott decision, incapable of ever 
suing in the United States courts — less citizens, less entitled to the rights 
of citizens than any alien who had never seen the United States. Theu- 
came the thirteenth amendment, simply declaring that slavery and in- 
voluntary servitude were ended. Then came the fourteenth amendment, 
Avhich was the effort, under the dynasty of Piesident Johnson, to settle 
the question. That amendment was simply a statement to the States 
as foflows: "If you do not allow these people to vote, you shall in a 
corresi)onding degree be dei)rived of a representation in Congress." 
What followed then ? Why, that system of laws throughout the South- 
ern States which I must somewhat elaborately bring before your honor. 
In the first place I refer to our own statutes, acts of 1805, page 18: 

"That, upon complaint made on oath before a justice of the peace, 
mayor, or judge of the district court, or other proper oflicer that any 
person is a vagrant within tlu' description aforesaid, it shall be the duty 
of such justice, judge, mayor, or other officer to issue his warrant to any 
sherilf, constable, policeman, or other peace officer, commanding him to 
arrest the party accused and bring him before such justice of the peace 
or other officer ; and if the justice or other officer be satisfied by the 
confession of the offender, or by competent testimony, that he is a va- 
grant within the said description, he shall make a certificate of the 
same, which shall be filed with the clerk ot the court of the parish, and 
in the city of New Orleans the certificate shall be filed in the office of 
one of the recorders ; and the said justice, or other officer, shall require 
the party accused to enter into bond })ayable to the governor of Lou- 
isiana, or his successors in office, in such sums as said justice or other 
officer shall prescribe, with security, to be approved by saidoffi(!er, for 
Lis good behavior and futiue industry for the period of one yearj and 



1 



CONDITION OF AFFAIRS IN LOUISIANA. 197 

Upon his failing or refusing to give such bonds and security, the justice 
or other officer shall issue his warrant to the sheriff or other officer 
directing hini to detain and to hire out such vagrant for a period not 
exceeding twelve months, or to cause him to labor on the public works, 
roads, and levees, under such regulations as shall be made by the inunici- 
l)al authorities : Provided, That if the accused be a person who has 
abandoned his employer before his contract expired, the preference shall 
be given to such employer of hiring the accused : And provided further, 
That in the city of Xew Orleans the accused may be cotnmitted to the 
work-house for a time not exceeding six months, there to be kept at 
hard labor, or to be made to labor on tlu^ public works, roads, or levees. 
The proceeds of hire in the eases herein provided for to be paid into 
the parish treasury for the benefit of paupers: And provided farther. 
That the person hiring such vagrant shall be compelled to furnish such 
(clothing, food, and medical attention as they furnish their other 
laborers." 

LOUISIANA. 

December, 18()5 — ^^ An act to provide for and regulate labor contracts 
for af/rieultural pu)'suifs.'' 

Each laborer, after choosing his emploj'er, " shall not be allowed to 
leave his place of employment until the fulfillment of his contract un- 
less by consent of his employer, or on account of harsh treatment or 
breach of contract on the part of employer ; and if they do so leave 
without cause or jiermission they shall forfeit all wages earned to the 
time of abandonment." Wages due shall be a lien upon the crops, and 
one-half shall be paid at periods agreed by the parties, " but it shall be 
lawful for the employer to retain the other merely until the comjjletion 
of the contract. Employers foiling to comply are to be fined double 
the amount due the laborer. 

I now call the attention of the court to the following enactments in 
the States of Mississippi, Alabama, South Carolina, Florida, and Vir- 
ginia : 

MISSISSIPPI. 

An act to regulate the relation of master and apijrentice relative to f reed- 
men, free negroes, and mulattoes, November 22, 1865. 

Section 1 provides that it shall be the duty of all sheriffs, justices of 
the peace, and other civil officers of the several counties in the State to 
report to the probate courts of their respective counties semi-annually, 
at the January and July terms of said courts, all freedmen, free ne- 
groes, and muhittoes under the age of eighteen, within their resi)ective 
counties, beats, or districts, who are orphans, or whose i)arent or par- 
ents have not the means or who refuse to i)rovide for and support said 
minors ; and thereupon it shall be the duty of said probate court to order 
the clerk of said court to apprentice said minors to some competent 
and suitable person on such terms as the court may direct, having a 
l»articnlar care to the interest of said minors : Provided, That the 
former owner of said minors shall have the prelerence v>hen in the 
opinion of the court lie or she shall be a suitable person for that pur- 
pose. 

Section 4 provides that if any apprentice shall leave the employment 
of his or her master or mistress without his or her consent, said master 
or mistress may pursue and recapture said apprentice, and bring him 



198 CONDITION OF AFFAIRS IN LOUISIANA. 

or ber before any justice of the peace of the county, whose duty it shall 
be to remand said apprentice to the service of his or her master or mis- 
tress; and in the event of a refusal on the part of said apprentice so to 
return, then said Justice shall commit said apprentice to the jail of 
said county, on failure to ,i>ive bond, until the next term of the 
coujity court; and it shall be the duty of said court, at the 
first term thereafter, to investij;-ate said case; and if the court 
shall be of opinion that said apprentice left the employment of 
his or her master or mistress without ftood cause, to order him or her 
to be punished as provided for the punishment of hired freedmeu, as 
may be from time to time provided for by law for desertion, until he or 
she shall agree to return to his or her master or mistress : Provided, That 
the court may grant continuance as in other cases. 

The vagrant act, Novemher 2-4, 1865. 

Section 1 defines who are vagrants. 

Section 2 provides that all freedmen, free negroes, and mulattoes in 
this State over the age of eighteen years, found on the second Monday 
in January, ISOO, or thereafter, with no lawful employment or business, 
or found uidawfully assembling themselves together, either in the day 
or night time, and all wliite i)ersons so assembling with freedmen, free 
negroes, or mulattoes, or usually associating with freedmen, free ne- 
groes, or mulattoes, on terms of equality, or living in adultery or forni- 
cation with a freedwoman, free negro, or mulatto, shall be deemed 
vagrants, and, on conviction thereof, shall be fined in the sum not 
exceeding, in the case of a freed man, free negro, or mulatto, fifty dollars, 
and a wliite man two hundred dollars, and imi)risoned at the discretion 
of the court, the free negro not exceeding ten days, and the white man 
not exceeding six months. 

Section 3 gives all justices of the peace, mayors, and aldermen juris- 
diction to try all (piestions of vagrancy; and it is made their duty to 
arrest parties violating any provisions of this act, investigate the charges, 
and, on conviction, i)unisli, as provided. It is made the duty of all .slier- 
itfs, constables, town constables, city marshals, and all like ollicers to 
report to some ofticer having jurisdiction all violations of any of the 
provisions of this act, aiul it is made the duty of the county courts to 
inquiie if any officer has neglected any of these duties, and if guilty to 
fine him not exceeding one hundred dollars, to be paid into the county 
treasury. 

Section provides that the same duties and liabilities existing among 
white i)ersons of this State shall attach to freedmen, free negroes, and 
nudattoes, to support their indigent families and all colored ])aui)ers, 
and that, in order to secure a supi)ort for such indigent freedmen, free 
negroes, and nudattoes, it shall be lawful, and it is hereby made the 
duty, of the boards of county police of each county in this State to levy 
a poll or capitation tax on each and every freedman, free negro, or mu- 
latto between 'he ages of eighteen and sixty years, not to exceed the 
sum of one dollar aniuially to each person so taxed, M'hicU tax, when 
collected, shall be paid into the county treasurers' hands, and constitute 
a fund to be called the freednu'irs p;ui[)er fuiul, which shall be applied 
by the commissioners of the poor for the nmintenance of the poor of the 
freedmen, free lu'groes, and mulattoes of this State under such regula- 
tions as may be established by the boards of the county police in the 
respective counties of this State. 

Section 7 provides that if any freedman, free negro, or mulatto shall 



CONDITION OF AFFAIRS IN LOUISIANA. 199 

fail or refuse to pay any tax levied according to tbe provisions of the 
sixth section of this act it shall be prima faeieevUleuce of vagrancy, and 
it shall be the duty of the sliei'ift' to arrest such freednian, free negro, or 
mulatto, or such persons refusing or neglecting to pay such tax, and 
proceed at once to liire, for the shortest time, such delinquent tax-i)ayer 
to any one who will pay the said tax, with the accruing costs, giving 
preference to the employer, if there is one. 

ALABAMA. 

December. — Bill passed making it unlawful for any freednian, mu- 
latto, or free person of color in this State to own fire-arms or carry 
about his person a pistol or other deadly weapon, under a penalty of a 
tine of one hundred dollars or imprisonment three months. Also malv- 
ing it unlawful for any i)erson to sell, give, or lend tire-arms or ammu- 
nition of any descrii)tion whatever to any freednian, free negio, or mu- 
latto, under a penalty of not less than fifty dollars nor more than one 
hundred dollars, at the discretion of the jury. 

SOUTH CAROLINA. 

An act preliminary to the legislation induced hy the emancipation of alaves, 

October 19, 18G5. 

Section 4 i^rovides : That the statutes and regulations concerning 
slaves are uow inai)i)licable to persons of color; and although such per- 
sons are not entitled to social or political equality with white persons, 
they shall have the right to acquire, ow^n, and dispose of property, to 
make contracts, to enjoy tbe fruits of their labor, to sue and be sued, 
and to receive protection under the law in their persons and property. 

An act to amend the criminal law, December 19, 1865. 

Section 10 provides: That a person of color who is in the employment 
of a master engaged in husbandry', shall not have the right to sell any 
corn, rice, ^leas, wheat or other grain, an}' flour, cotton, fodder, hay, 
bacon, fresh meat of any kind, poultry of any kind, animal of any kind, 
or any other product of a farm, without having written evidencn from 
such master, or some person authorized by him, or from the district 
judge or a magistrate, that he has the right to sell such product; and if 
any i)erson shall directly or indirectly purchase any such product from 
such persons of color, without such written evidence, the purchaser and 
seller shall each be guilty of a misdemeanor. 

Section 11 provides: That it shall be a misdemeanor for any person 
not authorized, to write or give to a person of color a writing which 
professes to show evidence of the riglit of that person of color to sell 
any i)roduct of a farm, which, by the section last preceding, he is for- 
bidden to sell without written evidence; and any person convicted of 
this misdemeanor shall be liable to the same extent as the purchaser in 
the section last preceding is made liable; and it shall be a misdemeanor 
for a person of color to exhibit as evidence of his right to sell any pro- 
duct a writing which he knows to be false or counterfeited, or to have 
been written or given by any person not authorized. 

Section 13 states : That persons of color constitute no part of tbe 
militia of the State, and no one of them shall, without permission in 
writing from the district judge or magistrate, be allowed to keep a fire- 



200 CONDITION OF AFFAIRS IX LOUISIANA. 

arm, sword, or other military weapon, excejit that one of them who is the 
owner of a farm may kee}) a shot-gun or ritle, such as is ordinarily used 
in hunting-; but not a pistol, musket, or other tire-arm or weajjon appro- 
priate for puri)oses of war. The district judges or a magistrate may 
give an order under which nuy weapons unlawfully kept may be seized 
and sold, the proceeds of the sale to go into the district-court fund. 
The ]>()ssessiou of a weapon in violation of this act shall be a raisde- 
meanoi', which shall be tried before a district court or a magistrate, and 
in case of conviction shall l)e punished by a line equal to twice the 
value of the weai)on so unlawfully kept 5 and if that be not immediately 
paid, by corporal punishment. 

Section i-t provides: Tiiat it shall not be lawful for a person of color 
to be the owner in whole or in part of any distillery where si)irituous 
liquors of any kind are made, or of any establishment where spirituous 
licjuors are sold by retail ; nor for a person of color to be engaged in 
distilling any si)irituous liquors, or in retailing the same in a sliop or 
elsewhere. A peison of color who shall do anything contrary to the 
])rohibitions hereiji contained shall be guilty of a misdemeanor, and 
upon conviction may be ]>unished by tine or corporal punishment 
and liard labor, as to the district judge or magistrate before whom he 
may Ix^ tried shall seem nu^et. 

Section 22 provides: That no person of color shall migrate into and 
reside in this State, unless within twentj' days after his arrival withiu 
the same he shall enter into a bond, with two freeholders as sureties, to 
be approved by the Judge of the district court, or a magistrate, in a 
penalty of one thousand dollars, (;onditioned for his good behavior, and 
for his supi)ort if he should become unable to support himself. 

An act to estaJ)Ush district courts, December 19, 1865. 

Courts are established to have exclusive jurisdiction, subject to ap- 
peal, of all civil causes where one or both the parties are persons of 
color, and of all criminal cases, wherein the accused is a person of color, 
and also of all cases of misdemeanors alfecting the person or property 
of a person of color, and of all cases of bastardy and of all cases of 
vagrancy not tried before a magistrate. 

An indictment against a white person for the homicide of a person of 
color shall l)e tried in the sui)erior court of hnv, and so shall other in- 
dictments in which a white i)erson is accused of a capital felony affect- 
ing the person or property of a person of color. 

Order of General Sickles disregarding the code, January 17, 18GG. 
January 17, 18G6, ^Nfaj or- General Sickles issued this order: 

(Geupral Orders No. 1.] 
llKADQlWHTKli.S DeVAUTMENT OK SoUTU Ca1U)LIXA, 

January 17, 186G. 

I. To tlic (Mid that civil rjolits and iimiiniiitifs may be enjoyed ; that kindly ndations 
auionji the inhabitants of (he Statu may be established; that the rights and duties of 
the employer and the free laborer respeetively may be defined; that the soil may be 
(■nltivated and the system of tree labor nndertaken ; that the owners of estates inay 
be secnie in the i)ossession of their lands and tenenn-nts ; that jtersonsable and willing 
to work may have employment; that idleness and va'Xiancy maybe diseonntenaneed 
:ind <iieonia<;-ement given to industry and thrift; and that" Iiumane provision maybe 
made for the aged, intirm, and destitute, the following regulations are established for 
the government of all eoneerned in this department : 

II. Ail laws should be apjdieable alike to all the inhabitants. No person shall bo 
held ineompetent to sue, make complaint, or to testify because of color or caste. 



CQNDITION OF AFFAIRS IN LOUISIANA. 201 

III. All tlie ciuploynicnts of luisbaiulry, or tlio useful ;nt.s, an<l all lawful trades or 
callings may be followed by all i)er.soii-s, iirespective of color or caste ; nor shall any 
freedinan be oblij^ed to pay any tax or any fee for a license, nor be. amenable to any 
municipal or parish ordinance, not imposed upon all other jx'rsons. 

IV. The lawful industry of all jiersous who live under tiie jirotection of the United 
States, and owe oljcilience to its laws, beinj; useful to the individual and essential to 
the welfare of society, no person will be restrained from seeking employment when 
not bound by voluntary agreement, nor hindered from traveling- from jdacc to place on 
lawful business. All combinations or agreements whicii are intended to hin«ler, or 
may so operate as to hinder, in any way the employment of labor, or compel labor to 
be in\()luutarily performed in certain places c»r for certain jkusous, as well as all com- 
biiuitions or agreements to prevent tlu^ sale or hire of lands or tenements, are declared 
to be misdemeanors, and any person or persons convicted thereof shall be iiunishedby 
tiue not exceeding live liiindred dollars or by imprisonment uot to exceed six months, 

or by both such tine and imprisonment. 

* » * # * * # 

XIII. The vagrant laws of the State of South Carolina applicable to white persons 
will be recognized as the only vagrant laws apiilicable to the freed nu'ii : nevertheless 
such laws shall not be considerect applicable to jiersous who are without enipli)ymeut, 
if they shall prove that they have been umible to obtain employment after dilligeut 

efforts to do so. 

* * * # * » ■♦ 

XVI. The constitutional rights of all loyal and well-disposed inhabitants to bear 
arms will not be infringed ; nevertheless this shall not be construed to sanction the 
unlawful practice of carrying concealed weapons, nor to authorize any person to enter 
with arms on the premises of another against his cousent. No one shall bear arms 
who has borne arms against the United States, unless he shall have taken the amnesty 
oath prescribed in the proclamation of the President of the United States dated May 
20, 1865, or the oath of allegiance prescribed in the proclamation of the President 
dated December 8, 1863, within the time prescribed therein. And no disorderly person, 
vagrant, or disturber of the public peace shall be allowed to b(!ar arms. 

XVII. To secure the sanu! equal justice and personal liberty to the freedmen as to 
other inhabitants, no penalties or punishments different from those to which all per- 
sons are ameuable shall be imposed on freed jieople ; and all crimes and offenses which 
are prohibited under existing laws shall be understood as jtrohibited in the case of 
freedmen ; and, if committed by a freedman, shall, upon conviction, be punished in 
the same manner as if committed by a white man. 

XVni. Corporal punishment shall not be inflicted upon any person other than a 
minor, and then only by the parent, guardian, teacher, or one to Avhom said minor is 

lawfully bound by indenture of apprenticeship. 

» » * » * * * 

XX. All injuries to the person or property committed by or upon freed persons shall 
be punished in the manner provided by the laws of South Carolina for like injuries 
to the persons or property of citizens thereof. If no provisions be made by the laws 
of the State, then the punishment for such offenses shall be according to the course of 
. common law; and in the case of any injury to the person or property not prohibited 
by the common l.tw, orjfor which the puuishmeut shall not be appropriate, such sentence 
shall be imposed as in the discretiou of the court before which the trial is had shall be 
deemed proper, sul)ject to the approval of the geueral commanding. 
Bv command of D. E. Sickles, major-general. 
Official: 

W. L. M. BURGER, 

Assistant Jdjntant-General. 

FLORIDA. 

An act to imnisli vagrants and vagabonds, Jannary 12, ISOC, 

Sectlou 1 defines as a vagnmt " every able-bodied person avIio lias no 
visible means of living and shall not be employed at .some labor to sup- 
port himself or lierself, or shall be leading an idle, immoral, or proHi- 
gate courseof life," and may be arrested by any justice of the peace or 
judge of the county criminal court, and be bound " in snllicient surety" 
"for good behavior and future industry for one year. Upon refusing or 
failing to give such security, he or she may be committed for trial, and, 
if convicted, sentenced to labor and imprisonment not exceeding twelve 



202 CONDITION OF AFFAIRS IN LOUISIANA. 

moiitlis, by wliippiiig not exceeding thirty-nine stripes, or being put in 
the piMory. If sentenced to hibor, the " sherift" or other officer of said 
court sliall liire out such person for the term to which lie or she shall be 
sentenced,, not exceeding twelve months, aforesaid, and the proceeds of 
such liiring shall be paid into the county treasury." All vagrants going 
armed may be disarmed by the sheriif, constable, or i)olice-officer. 

A71 act in relation to contracts of yermns of color, Janiuiry 12, 18GG. 

Section 2 provides : That, whereas it is essential to the welfare and 
prosperity of the entire population of the Stiite that the agricultural 
interest be sustained and placed upon a permanent basis, it is provided 
that when any person of color shall enter into a contract, as aforesaid, 
to serve as a laborer for one ye.ar, or any other specitied term, on any 
farm or plantation in this State, if he shall refuse or neglect to perform 
the stipulations of his contract by willful disobedience of orders, wan- 
ton impudence, or disrespect to his employer, or his authorized agent, 
failure or refusal to perform the work assigned to him, idleness, or aban- 
donment of the premises or the employment of the party with whom 
the contract was made, he or she shall be liable, upon the complaint of 
his employer or his agent, made under oath before any justice of the 
peace of the county, to be arrested and tried before the criminal court 
of the county, and upon conviction shall be subject to all the pains and 
penalties prescribed for the punishment of vagrancy : Provided, That 
it shall be optional with the emi)loyer to require that such laborer be 
remanded to his service, instead of being subjected to the punishment 
aforesaid. 

An act preHcrihing additional penalties for tlw commission of offenses 
against the State, January 15, 18GG. 

Section ll! provides : That it shall not be lawful for any negro, mulatto, 
or other person of color to own, use, or keep in his possession, or under 
his control, any bowie-knife, dirk, sword, fire-arms, or ammunition of 
any kind, uidess he first obtain a license to do so from the judge of 
probate of the (;ounty in which he may be a resident for the time being ; 
and the said judge of probate is hereby authorized to issue license, upon 
the recommendation of two respectable citizens of the county, certify- 
ing to the peacefnl and orderly character of the applicant; and any ne- 
gro, nudatto, or other person of color so offending shall be deemed to 
be guilty of a misdemeanor, and upon conviction shall forfeit to the use 
of the informer all such tire-arms and ammunition, and, in addition 
thereto, shall be sentenced to stand in the ])illory for one hour or to be 
whipped not exceeding thirty-nine stripes, or both, at the discretion of 
the jnrj'. 

Section 11 provides: That if any negro, mulatto, or other person of 
color shall intrude himself into any religious or other public assembly 
of white i)ersons, or into any railroad-car or other public vehicle set 
apart for the exclusive accommodation of white people, he shall be 
deemed to be guilty of a misdemeanor, and upou conviction shall be 
sentenced to stand in the pillory for one hour or be whipped not ex- 
ceeding thirty-nine stripes, or both, at the dis'cretion of the jury. 

VIRGINIA. 
The Virginia vagrant act. 
General Terry orders its non-enforcement. 



CONDITION OF AFFAIRS IN LOUISIANA. 203 

[General Orders Xo. 4.] 

Hkadqt'arters Department of Vihoixia, 

liichmond, Jaiinarij 24, 18fi6. 

By a statute passed at the present session of the legislature of Virginia, entitled "A 
liill ]troviding for the punishment of vagrants," it is enacted, among other things, that 
any justice of the pea(;e, upon the coniphiint of any one of certain olHcers therein 
named, nuiy issue his warrant ior the apprehension of any person alleged to be a 
vagrant, and cause such person to be appreliended and brought before him; and that, 
if npon due examination said justice of the peace shall tind that such person is a 
vagrant within the definition of vagrancy contained in said statute, he shall issue his 
warrant directing such person to be employed for a term not exceeding three months, 
and by any constable of the county wherein the proceedings are had be hired out for 
the best wages which can be procured, his wages to be applied to the support of him- 
self and his familj-. The said statute further provides that in case any vagrant so 
hired shall, during the term of his service, run away from his employer without suffi- 
cient cause, he shall be apprehended on the warrant of a justice of the peace, and re- 
turued to the custodj' of his employer, who shall then have, free from any other hire, 
the services of snch vagrant for one month in addition to the original term of hiring, 
and that the employer shall then have power, if authorized by a justice of the peace, 
to work such vagrant with ball and chain. The said statute specities the persons who 
shall be considered vagrants and liable to the penalties imposed by it. Among those 
declared to be vagrant are all persons who, not having the wherewith to supi)ort their 
fauulies, live idly and without employment, and refuse to work for the usual and 
common wages given to other laborers in the like work in the place wliere they are. 

In many counties of this State meetings of employers have been held, and unjust and 
■wrongful combinations have been entered into for the purpose of depressing the wages 
of the freedmen below the real value of their labor, far below the i)rices formerly paid 
to masters for labor performed by their slaves. By reason of these combinations wages 
utterly inadequate to the support of themselves and families have, in many jdaces, be- 
come the usual and common wages of the freedmen. The etfect of the statute in ques- 
tion will be, therefi re, to compel the freedmen, under penalty of punishment as criui- 
in.'ils, to accept and labor for the wages established by these combinations of employers. 
It places them wholly in the power of their employers, and it is easy to foresee that, 
even where no snch combination now exists, the temptation to form them ottered by 
the statute will be too strong to be resisted, and that snch inadequate wages will be- 
come the connnon and usual wages throughout the State. The ultimate effect of tlio 
statute will be to reduce the freedmen to a condition of servitude worse than that from 
which they have beeu emancipated — a conditiou which will be slavery in all Imt its 
name. 

It is therefore ordered that no magistrate, civil otiacer, or other person shall in auy 
way or manner apply, or attempt to apply, the provisions of said statute to any colored 
person in this department. 

Bv command of A. H. Terry, major-general. 

ED. W. SMITH, 
Jss-istant Adjutant-General. 

Now, if the court pleases, that is a true (leliiieati(ni of the state of 
thiii<>s as it existed iu the Southern States in the year ISOtl and subsc- 
queiltly, as taken from their own statutes; and that picture ]»resentert 
itself be fore Con gre-ss. The thirteenth ainendnuMit had prohibited slavery 
and involuntary servitude; tlie fourteenth auieudnient had, so to speak, 
made a conditional offer to iiuluce the States to grant to all the right 
of suffrage. Yet we see, in the language of (leneral Terry's order, the 
shackles still npon the freedman; he was still treated as a criminal; 
was put up at auction and hired out; he was sid)jected to a ditb rent 
penal code; tried by a different court from a white man— in a word, all 
was done to impede his progress which could possibly be done. 

Under these laws, which your honor will perceive had been adopted 
with a considerable degree of uniformity throughout the reconstructed 
States, showing a purpo.se at once common and deep-seated, the freed- 
man would have had little protection to even property or life, nonu)tive 
for self-elevation, little opportunity for education. He must have re- 
mained ignorant, poor, and forever removed from the career which, of 
right, as well as in the interests of the State, should be open to all the 



204 CONDITION or AFFAIRS I\ LOUISIANA. 



i 



cliildreii of men upon whom God's siinlight falls. It is in some respects 
a darker picture than that presented by slavery, for it shows the for- 
mer masters, in spite of the terrific rebukes of Providence, which had 
come in tlu^ sliape of the plagues of the war, still determined to humiliate 
and degrade the freedman, still unwilling that he should enjo3' the com- 
monest rights of the citizen. It was Pharoah still refusing to let the 
children of bondage go free. Was the remedy, then, proposed by the 
fifteenth amendment too severe or too far-reaching? Would any thing- 
less have applied ? 

Four millions of ])eople were thus helpless before the law; and they 
were citizens. Could such a state of things continue to exist in a republic ? 
What would the world say of a country or body-politic which would allow 
sueh oi)pression in its midst ? What was to be the solution of this 
diflicult (]uestion ? What could be done in order to provide an effectual 
cure for this evil? Philanthropy and statesmanship alike demanded 
a radical and universal remedy — a remedy as potent and plastic as the 
evil was strongly entrenched and extensi\e. The only salutary and 
sure cure was to be found in the fifteenth amendment, which guaranteed 
to all citizens, without distinction of race, color, or previous condition, 
the complete right to vote, and in the act of Congress passed to enforce 
the same, which placed the protection of that riglit in the circuit court ; 
gave the circuit court jurisdiction of all cases arising in law or equity 
under the act which sought to protect all citizens in their right to vote. 
Was Congress so short-sighted — can we so impugn their wisdom as to 
suppose that this significant ehange in the fundamental law of the land, 
and this extended and lamified statute and the amendment thereto, 
which were t'ljually searching, that the practical i)rotection to the freed- 
nien was simjjly that a defeated candidate might bring his quo tear- 
rantof U this view of the other side be correct, what better illus- 
tration of the labor of the mountain and the bringing forth of the mouse '] 
jS'o. That statute, based upon that broad provision of the Constitution, 
bears with it a force and power which includes every attemjit to de- 
l)rive the citizen of his vote on account of race by a suit in damages if 
the attemi)t has been accomplished, and by a i)rohibitory process if the 
attempt is unexecuted; and that right to vote is made by the statute 
to extend from the first movement in the way of registration down to 
the final promulgation of the last officer who should canvass or compile 
the returns. This, and nothing else, would have been a vindication of 
the colored man in the Southern States in his right to vote. Tliis was 
precisely the protection which was secured to him. The language and 
scope of the act, the purpose, as declaretl in its title and in every 
line, the broad language in which the jurisdiction is conferred, show that 
it was designed to have, and does have, an extent of application com- 
mensurate with the necessitj- which I have shown caused its enactment. 

This case itself shows the occasion, the object, and the argument for 
a statute so authorized, so framed, ami so to be construed. Without 
the jurisdiction vested in this court, 2(),0{)0 frecdmen would be deprived, 
on account of race, of the right to vote, and the verdi<,'t of the people, as 
expressed at the i)olls, would practically and I may say overwhelming- 
ly, be reversed. It is this construction, or there is no available ren)edy 
for the deliberate and gigantic system of frauds which, as alleged in the 
bill, covered like a sea this whole State. 

But, if it were possible, let us for a moment regard this as a mistaken 
view ; that all Congress intended- was to give a party the right to bring 
his action in the nature of a (luo narranto to contest the title to oltice; 
and tliat the fifteenth section of theamendmeutj when it speaks of every 



CONDITION OF AFFAIRS IN LOUISIANA. 205 

CRse in law niul ecinity, speaks only of such cases in equity as would in 
strictness be in aid ot tliis one suit at law. Upon tliat narrow "ground, still 
tbe plaintiftstands secure. ]\Iy friend ]\Ir. Eustis, in his exceedinf;ly able 
and subtle argument, seemed to thiidc that the objection that all parties 
to this suit were citizens of Louisiana was fatal. But after examining- 
the doctrine as laid <lown by the United States Supreme Court, J tliink 
we shall find that where the circuit court has jurisdiction of tlic main or 
])rincipal action, the jurisdiction in the ancillary suit follows, without 
reference to the citizenship of the ])arties. 1 refeV to the case of " Free- 
man vs. Howe," 2-1 Howard, 451-400. The facts in tiiis case were as fol- 
lows : In a suit pending in the circuit court of the United States, dis- 
trict of Massa(;husetts, property was attached on mesne ijrocess and 
taken into the possession of the United States marshal. The i)n)[)erty 
thus attached was claimed by a third person, who, together with the mar- 
shal, was a citizen of ^Massachusetts. Under the ai)prehenson that he 
had no remedy in the circuit court on account of citizenship, Howe, the 
third party, instituted a replevin suit in the State court. The case went 
through the suiu-eme court of Massachusetts, and by writ of error was 
brought to the Supreme Court of the United States. The point was 
pressed upon the Court, by the defendant in error that, unless he had this 
remedy in the State court, he was remediless; but the Court, at page 4(i0, 
says : 

Another niisapprchension niulcr which the counsel for the ilefendent in error labors, 
and in which the court below fell, was in respect to the appropriate remedy of the ])lain- 
titfsiu the replevin suit for the grievance complained of. It was supposed that they 
were utterly remediless iu tiie Federal courts, inasmuch as both parties were citizens of 
Massachusetts. Hut those familiar with the practice of the Federal courts have found 
no difficulty in applying a remedy, and one much more effectual than the replevin, and 
more consistent with the order and harmony of judicial proceedings, as may be seen by 
reference to the following cases: 23 How., 117, Penu(;ck (/ ah r.s. Coe; Kobert Sue c.v. 
The Tide-\Tater Canal Company, decided this term ; 12 Peters, 1(54; 8 ib., 1: 5 Cranch, 
288. 

The principle is, that a bill filed on the equity side of the court, to restrain or regulate 
judguunts or suits at law in the same court, and thereby prevent injustice or an in- 
equitable advantage under mesne or liual process, is not an original suit, bvit ancillary 
and dependent, supplementary merely to the original suit out of which it Jiad arisen, 
and is nniintained without reference to the citizenship or residence of the i)arties. 

The case iu the "8 Peters, 1," which was among the first that came l>elbre the court, 
deserves, perhaps, a word of explanation. It would seem, from a remark in the opinitm, 
that the power of the court upon the bill was limited to a case between the jiartiesto 
the original suit. This was probably imt intended, as any party may file the bill whose 
interests are effected by the suit at law. 

I say, then, if we were pushed to maintain this suit simply upon the 
grouud that it is a suit in equity ancillary to a suit at law, and without 
which the suit at law would be nugatory, that upon the doctrine of the 
case just stated the equity jurisdiction is sufficient upon the ground 
that the court, havingjurisdictiou of the suit at law, and having certain- 
ly some equity jurisdiction given by the fifteenth section, must have au- 
thority to hear a suit in equity, whose sole object is to lay the founda- 
tion for the suit at law. 

But I put the jurisdiction of the court upon the broad ground that 
the puri)ose of the statute and the language of the statute wouhl not 
be answered unless the court had jurisdiction of every case iu e(iuity, 
arising from a threatened or an acconq)lished infraction of the rights 
declared and guaranteed by these statutes. 

Before leaving this branch of the case, I desire to call the attention 
of the court to an analogous class of cases. This court has jurisdiction 
of all cases involving i)atents. The subject-matter gives the jnri.sdic- 
tion. The statute which creates the jurisdiction iu the case of patents 



206 CONDITION OF AFFAIRS IN LOUISIANA. 

is siniil.ir to that Avliich gives jiirisdictiou in cases of interference with 
the ri-ijlit of citizens to vote. The language of both statutes is, in all 
cases of law or equity arising out of the subject-matter. Xow, if luy 
brother Hunt institutes a suit against me in this court, and alleges that 
I am infringing upon his rights under a patent which he holds by as- 
signment from General Cam^jbell, and the issues in the cases are made 
up, alrliougli one of the individual issues may be whether the transfer 
from (leneral Campbell to Mr. Hunt was valid, still that incidental 
question is carried by the general jurisdiction conferred. In fact, unless 
the court had jurisdiction of the incidental questions, either of patents 
or voting, general jurisdiction would be of little avail. 

And in the case I have i)nt, although ]Mr. Hunt and juyself are both 
citizens of this State, still, if, to decide the case it became necessapy 
for the court to pass upon the validity of the assignment along with 
other issues, it is bound to do so. So, in this case, the court having ju- 
risdiction by virtue of the subject-matter, if the incidental question has 
arisen who are the legal board of canvassers, that question must be met 
and disposed of by the court. It is an incidental question fairly inci- 
dent to the great matters included within the jurisdiction of the court, 
and therefore covered by it. I>ut I deny that it is a collateral (juestiou, 
because, as between the plaintiff in this bill, who alleges that these par- 
ties are about to violate his right, and these parties, it is a direct ques- 
tion. True, there might be a suit instituted between this board of 
canvassers and another, and the issue might there be made as to 
which was the legal board. But where a party is charged with assum- 
ing the functions of an office to whicii by law he has no title, and the 
object of the suit is to enjoin him from exercising the functions of that 
office in a manner prejudicial or fatal to the rights of the i)laintift', arid 
the issue is joined on those facts, I deny that that issue is collateral. 
In a suit between Mr. Kellogg and another person to which this board, 
alleged to be illegal, were not parties, the issue as to their legality 
might be liable to the objection that it was set up collaterally, but 
not here, where they are parties to the suit. 

Before I leave this branch of the subject I desire to call your honor's 
attention to the debates in the United vStates Senate upon the passage 
of this act. (Counsel here read from the debates of the United States 
Senate in the Congressional (Jlobe of 1S7U.) 

Your honor will perceive that not alone the republican Senators, but 
the democratic, seemed to con(;ede, in the discussion, that tliis act not 
only ai)i)]ie(l to all State ofllicers excepting members of the legislature 
and Congress, but that even the twenty-third section authorized any pro- 
cedure which would snjx'rvise, and indeed correct, the canvass of votes. 
Youi- honor will perceive from what I rea<l, that upon theadoi)tion of the 
twenty-third section in the Senate very much of thediscussion turned npou 
whether a maiKhnnufi could of itself he used to direct the canvassers to 
count votes which had not been allowed to be cast, and that the word 
" mandamus" was stricken out and the "apnropriate i)roceduie" sub- 
stituted, because it appeared in the argument that the mandanuis could 
not be used to interfere with the discretion of the canvassers. Indeed, 
that discussion shows that the ScMiatorson both sides meant to ado])t in 
the fwenty-tliinl section alone a pi()visif)n which would authorize the cir- 
cuit com t by an '' appr()piiafei)rocedure-'tocanseto becounted any votes 
which had been njected ou account of race, color, orinevious condition, 
and tliat appr(i])riate pmcedure must certainly include the restiaining of 
those who not only ar<' about to reje(^t legal votes on the ground speci- 
fied, but who are themselves an illegal body, and whose action, if unin- 



CONDITION OF AFFAIRS IN LOUISIANA. * 207 

teiTupted, will simply cloud the title of the complainant in the bill to 
the offiye to which he alleges he has been elected. 

Tuesday, December 3. 

Mr. Billings, resuming; May it please the court, when the hour of 
adjouriunent came yesterday I was speaking ui)i)n the (pTCstion of .ju- 
risdiction. Your honor will remember that I had read parts of the stat- 
utes, and the amendments thereto, which deeUired what riglits should 
exist to all voters and to caiulidates ; that I had read the fifteenth 
section of the amendatory act, wliich is all inclusive, embracing all cases 
of law or equity tliat could arise ilnder that or the act amemlcd; I had 
shown by authority tliat where a right is given by a statute the party 
aggrieved may have his appropriate renu'dy in case of infraction I 
had shown that the preceding and contemporaneous events authorized 
and fortified the conclusion, that the general jurisdiction was given to 
prevent and redress wrongs which miiiht be done to voters and candi- 
dates in violation of these acts; I had shown that, even viewing this 
suit as sustainable only by reason of its being ancillary to the suit at 
law, the court clearly had jurisdiction ; and I called your honor's at- 
tention to the discussions in the Senate, where the views of leading 
Senators are clearly consonant with this theory; I had shown that un- 
less this view was maintainable, this elaborate statute was well-nigh fu- 
tile. This provision of the Constitution under discussion, and the 
statute and the ameiulment, undoubtedly arose from the lu'cessity of 
protecting the colored people of the Southern States that luul been re- 
cently emancipated ami enfranchised. They were to a great extent 
helpless; they were ignorant; but they had, from an overwhelming ne- 
cessity of state, to be made citizens, and had to be clothed with the 
right of suffrage. Tiie.danger to republican government was too irnnii- 
iui>nt to allow this vast number of peoi)le to be in our midst and to re- 
main disfranchised. Their former masters had shown a disposition, and 
possessed the power, to reduce them to a state bordering upon slavery, 
and having the denial of the rights of freemen if it did nt)t carry with 
it all the horrors of slavery; tliey had shown a disposition not to re- 
lieve the oppressed condition of the former slave, or to elevate liim, but 
had gone upon the old idea that he represented oidy so mu(;h labor. It 
was a last effort of slavery to retain its virtual power, tiiough under 
the name and system of freedom. Congress undoubtedly felt, as the 
civilized world must feel, that if the freedman was ignorant it was not 
his fault, for he had been compelled to live under a system of laws, as 
any one will discover by reading the acts of the several slave States, 
where it was a felony or high offense, severeh' ])uuishal)le, to teach a 
slave to read ; and I may say here, that that very st«itute prevailing 
throughout the South, proves that there was at least a desire on the part 
of the slave to learn to read and write, else why this stringent prohibi- 
tion! Be that as it may, he was ignorant and helpless; but he had to 
be prote<!ted, and against his former ma.ster, ami that protection was, 
by Congress, ami I tliink most wisely, thought to be most salely cared 
for in this (complete guaranty and protection of his right to vote, 
which the Federal Government assumed and delegated to its circuit 
courts. 

There is an iuDuense power sluml)ering in that fifteentli amendment. 
Its origin was in the necessities of the colored race, but its application 
and scope are far beyond them, it includes the foreigner as distin- 
guished from the class of native-born ; it includes the forei;;uer Ixun in 
a particular country, as distinguished from foreignets hoi n in other 



208 • CONDITIOX OF AFFAIRS IX LOUISIANA. 

coniitiies; it includes the native-born as distinonished from the aliens; 
it includes any race or color, or previous condition, whicli, by virtue of 
tbat accident, may hereafter be oppressed and may hereafter need pro- 
tection in its right of suffrage. So that it is not simply the freedman of 
African descent, who may avail himself of its provisions, but the 
unfortunate of all classes or races against whom exists or shall exist 
l)oliti('al ojipression, proscription, or prejudice. When, therefore, we 
<;ome to see it in all its relaticms, we see how magnificent a provision it 
is, not alone in its humanity — or, I might say, its Christianity — but in 
the bieadth of its a]>i)lu'ati()n and utility; its summary and grand i)rac- 
tical application of declaratory principles, the seeds of wliich commenced 
"with tlie utterances of our Saviour, and which in general enunciations 
our fathers themselves uttered in the Declaration of Indei)eudence. 
But it is here practically set out and made a fundamental and structural 
part of the Government, ami he who reads hereafter the history of this 
great civil war and of its results, will hnger longest and felicitate man- 
kind most upon this great bulwark here set up for the protection of all 
classes and all races. 

I submit that this case is properly before the circuit court, i>rovided 
the bill contains such allegations as to bring the case within the purview 
of the statute as thus expounded. Let us then for a mouient consider 
what is the object and what are the allegations of this bill. T cannot, 
as I api)roach tliis bill, refrain from again stating that I feel an increas- 
ing admiration for the skill which my friend ,Mr, Beckwith, its author, 
has here shown as a pleader. It seems to me that, with i)ro])riety, it 
niigiit take its place in our text books as a model of equity pleailing, 
and that, too, although the subject embraced in it is so new, and this, 
so far as I know, is the tirst civil case that has arisen under this statute. 
The object of the bill is this: It has two aspects. It says, in the first 
place, that the complainant in the bill was the candidate for governor, 
and submitted himself to the suffrages of the people of this State; 
that he has been and is about to be deprivc^l of the votes in two ways: 
first, that voters were prevented Irom registration and subse(pient vot- 
ing, on ac^count of race, color, and previous condition ; that these votes 
Avuuld have been cast for him, and, therefore, in law should be regarded 
by the canvassers as having been cast for him. The second aspect 
is, that the votes of a certain class of citizens, although allowed to be 
cast, are about to be excluded from the effective count or canvass on ac- 
count of their race, color, or previous condition of the voters ; and that 
these votes so about to be excluded were cast for him ; that unless 
there is an interference by this court of equity, those votes which were 
prevented from beijig cast, as well as those which had been cast, will 
be prevented frym being canvassed. Therefore, he asks that your honor 
•will issue an injunction and restrain these people, who made the combi- 
nation elnirged in the bill, from defeating the complainant and from 
clouding his title. Now, 1 submit that, if I have been correct in the 
main argument which 1 have addressed to the court, this resum*' of the 
substance of the bill brings it within the jurisdiction of the court. I 
say, further, that the allegation of the bill" that it seeks to preserve and 
perjjetuate these returns, so that they may be used in a direct action at 
law, gave a substantive and independent "ground of jurisdiction. The 
case made by the bill is one where ten thousand freedmen have been 
excluded and ten thousand more freedmen are about to be excluded 
from voting. It is twenty thousand cases in one. Every excluded vote, 
every vote about to be excluded, gives your honor jurisdiction. There 
is a case which concentrates in itself under the allegations the cases 



COXDITIOX OF AFFAIRS IN LOUISIANA. 209 

of twenty tliousaii<l people — citizens who have been excluded and are 
about to be excluded on the <iround of race and color ; and I say in this 
connection, that five thousand of these voters are before your honor by 
their affidavits, and they swear that they had been excluded on account 
of race and color. Can there be a doubt, then, that this court has juris- 
diction ? 

I subjnit a clearer case never existed. I think it so glaring and high- 
handed an attempt on the part of the chief executive of the State, 
under the allegations in the bill, and the multiplied corroborative affi- 
<lavits, that there should be the swiftest action by this court. I think 
that, sitting as a chancellor, your honor should order not only that these 
l)arties be restrained from compassing and accomplishing this outrage 
up(m the rights of twenty thousand citizens of this State, but that you 
should e.3C propria motu order that all the returns should be placed in the 
hands of the register of this court, that they maybe there repi'oduced, 
so that fraud and cunning and despotic and unprincipled power, acting 
in ways never so devious and manifold, shall be powerless to destroy 
or mutilate or change them. 

So much, then, for the question of jurisdiction. 

Tint the learned gentlemen on the other side say to us that this is all 
a <iuestion about canvassers, which is the legal board, and that that 
has fallen out practically of the case by reason of the approval by the 
governor of the act approved November 20, 1872; that l)y that act this 
board of canvassers, both boards, all boards, have ceased to exist I 
■will first remark, in reply to this position, that that state of things, if 
true, would funiish but a partial answer to the case made by the bill. 
The injunction would still stand, because the question of jurisdiction 
goes back to the state of things which existed at the time of the com- 
uienceuient of the suit. But in the second i)lace it has surprised me 
that this answer should have been pressed with so much force and earn- 
estness, for this reason, if the board created by Governor Warmoth, 
the " Wharton 13oard," has ceased to exist, what harm can come from 
its being eujoined ? How can it be said in the same breath b}' my 
learned friends on the other side, that this board has no longer any 
powers as a board of canvassers, in fact, can do nothing, and at the 
same time that by stopi)ing these canvassers j'ou are stopping the oper- 
ation of a whole State government ? If their theory as submitted by 
Mr. Semmes be true, then this injunction would be as harmless as if 
Judge llowe or myself were enjoined from making a canvass of these 
votes. The earnestness with which Mr. Semmes urged that the whole 
State government was to be made to stand still by this injunction 
leads me to suspect that after all he very much distrusted his argument 
as to tlie elfect of the approval of the act of the 20th November. 

I think we shall find upon authority, as well as reason, that the legal 
board of canvassers, be they whom they may be, must continue to dis- 
charge their duty until their successors in law are appointed. I «lesire 
your hcnor's attention with some particularity to exactly the features 
presented by these two boards. The old board is established by t!ie aef 
of 1870, to be found at page 155 of the acts of 1870. 

Be it f:irthcr enavivd, That the };i)vernor, the lioutenaut-soveiiiDf, tin- s.in-tar.y nt 
State, aii'.l John Lynch and T. C. An<h!r.s()n, or a niajcuity of tln-ni. ^h:M In- the ivtiiin- 
ing-ottiecrs for all eleetions in the State, aniajoiityof whom shall constitnte a qnornin, 
and have power to make the returns of all elections. In case of any vacancy by death, 
resignation, or otherwise, by either of the board, then the vacancy shall bo hlleil 
by the residue of the board of returuiug-ofticers. The returning-ollicers shall, after 
each election, before entering upon thuir duties, talis and sul)scribe to the following 
oath before a judge of the suprcmt; or any other district court : 

H. Ex. 91 U 



210 CONDITION OF AFFAIRS IX LOUISIANA. 

do solemnly swear (or aflirni) tLat I will faitLfully and diligently perform 



the duties of a returning-otiticer as prescribed by law ; that I will carefully and honestly 
canvass and compile the statements of the votes, and make a true and correct return 
of the election. So helj) me God." 

■Within the day after the closing of the election said return ing-officers shall meet 
in New Orleans to canvass and comjMle the statements of votes made by the supervisors 
of registration, and make returns of the election to the secretary of state. 

They shall continue in session until such returns have been eomi)leted. The gov- 
ernor shall at such meeting ojjen, in the presence of tiie said returning-otficers, the state- 
ments of the supervisois of registration, and the said retnruiug-ofticers shall from said 
statements' canvass and c()mi)il(? the returns of the election in duplicate. One copy of 
such returns they shall tile in the ollice of the secretary of state, and of one copy they 
.shall make public proclamation by ])rinting in the ofiicial journal and such other news- 
papeis as they may deem proper, declaring the names of all persons and officers voted 
for, th(! number (tf votes for each person, and the names of the persons who have been 
duly and lawfully elected. The returns of the elections thus made and promulgated 
shall be prima facie evidence in all courts of justice and before all civil othcers 
until set aside, after a contist according to law, of the right of any person thereiu to 
hold and exercise the oflic(^ to which he shall by such returu be declared elected. 

The governor shall within thirty days thereafter issue commissions to all ofilicers 
declared elected who are recpiired by law to be commissioned. 

Then there is a provision here that if any of the returning officers 
(section 57) nontinated in this act be a candidate for otfice at any elec- 
tion, he shall be disqnalilied to act as a returning officer in that election. 

Be it finllivr enacted. That should auy of the returning-ohicers named in this act 
he a candi('ate for any otlice at any election, he shall 1)0 di.squalilied to act as returning- 
officer for that election, and a majority of the remaining returning-olticers shall sum- 
iiu)n some respectable citizen to act as retiirning-olticer in place of the one so dis- 
i(ualilied. 

Kow I desire to call your attention to the fact that these men are 
officers ; that the legislature have, by their own terms, defined theui to be 
ofHicers; that is, five persons shall be returiiing-oftlcers of all elections 
in the State, and they are all designated distinctly to hold the ottice. 
What does the new act say with reference to the same duty? Section 
2 of the act of November 1*0, 1872, reads : 

Skc. 2. He it further enacted, ifc, That five persons, to T)e elected by the Senate, from 
all political jiarties, shall be the retnrning-otiicers for all elections in the State, a ma- 
jority of whom shall constitute a (juorum, and have power to make the returns of all 
(I'd ions. In case of any vacancy by death, resignation, or otherwise, by either of the 
board, then the vacancy shall be tilled by the residue of the board of returniug-ofTieers. 
'i'he retnrning-( IHcers shall, alter eai h election, before entering upon their dniies, take 
and subscribe to the following oath, before a judge of the snpreme or auy district 
court. 

'' I, A. B., do -S(deuinly swear (or affirm) that I will faithfully and diligently perform 
the duties of a returning-olHcer as prescribed by law ; that I will carefnlly aiul honestly 
canvass and eomi)iIe the statements of the votes, and make a true and correct return 
of the election. So help me God." 

AVithin ten days alter the closing of the election said returning-ofticers shall meet 
in New Orhiins to canvass ami comjiile the statement of votes made by the commis- 
sioneis of election and make returns of the election to the secretary of state. They 
shall continue in session until such returns have been compiled. The presiding oflicer 
.shall at sncli nicetii g ojien, in the piesence of the said retnrning-onicers, the statements 
of the com niissioneisofeleet ion, and the .said ret urn ing-ortieers shall, from said statements, 
canvass and comiiile the returns of the election in duplicate. One cojiy of such returns 
they shall (ile in t he dtlice of the secret at v of st.ate, and of one cojiy t hey shall make i)ul)lic 
])roclamali(Ui by printing in the othcial journal and such other newsjiapers as they may 
<iecm iiio]ier,d«claiin>; tlu-namesot all jiersoiis and otticers voted for,the uuml)erof votes 
for each person, and the names of thei)eisons who havebeen dulyahd lawfnlly elected. 
The iitnin of the eh clion thnsmadeand promulgated shall be ;*nHirt/</((> evidence in. all 
courts of justice and befoic :ill civil oftii( rs, until set aside altera contest according to 
law, of the right of any jieixin named therein to hold ami exercise the ottice to which 
he shall, by such return, be de( hired elected. The goveru(U- shall, within thirtv days 
thereallir, issue commissions to all ollicers thus declared elected, who are reipiiied ijy 
law to be ccunmissioned, 

l^ow, if the court pleases, by a reference to the act approved Novcm- 



CONDITION OF AFFAIRS IN LOUISIANA. 211 

ber 20, 1872, section 2, your honor will perceive that the five persons 
who were to constitute a board of returning-oiiicers have precisely the 
same duties, take identically the same oath, and hold in all respects 
the same office as the board of returuing-officers uuder the act of 1870. 
Uy a reference to section 44 of the act last referred to, your honor will 
perceive that the board of returuing-officers is to make their return to 
the secretary of state, who shall make a list of the officers elected to 
the senate and house of representatives, and upon that list the organi- 
zation shall be made of the two houses ; the language of the statute 
being that the persons upon the lists made by the clerk and secretary, 
respectively, in accordance with the foregoing provision, and none other, 
shall be competent to organize the house of representatives and the 
senate ; so that your honor will see that if the view pressed by the 
other side were to prevail, to wit, that the approval of the act ou the 
20th of iSTovember, 1872, operated as a repeal of this act of 1870, and 
abolished the board of returuing-officers, and caused their functions en- 
tirely to cease, then this state of things would follow — we must have a 
board of returuing-officers before we can have a senate legally organized, 
and we must have a senate before we can have a returning-board, for 
the returning-board niake up the list upon which the senate is organized, 
and the senate elect the board of returning officers. Is not this puzzle, 
call it Chinese or any other, the fair result of the reasoning on tiie other 
sidef It is a dead lock ; there is no extricating the State from the dif- 
ficulty in which they would plunge us. Nor would it do for the gover- 
nor to appoint, because the statute authorizes him to appoint, only 
when thS legislature have designated no way in which the offices are to 
be filled, and here they have designated the way and thereby excluded 
all others. I put this question : Suppose that on the first Monday of 
November, at twelve o'clock meridian. Governor Warmoth, having held 
this act, against the wishes of all good people of the State, in his pos- 
session for upward of eight months, and whije the election was going 
on, having commenced at six in the morning, should have approved this 
act, what would be the effi^ct ? Can it be said that the election must be 
suspended? Must it not follow that the various officers, those at the 
polls and those who canvass the returns, must continue their duties 
until they are relieved by their successors .' 

Now, i submit that article 122 of the constitution of the State ot 
Louisiana was designed and calculated to prevent just such a dilemma. 
That article is as follows : "All officers shall continue to discharge the 
duties of their offices until their successors shall have been inducted 
into office, except in cases of -impeachment or suspension." 

Now, then, if we concede, for the sake of argument, that the governor 
could approve this bill on the 20th day of November, 1872, and that 
thereby it became a living law, and that thereby the old law was re- 
pealed, the board of returuing-officers must still continue, under the 
constitution of this State as above cited, to perform the functions of 
their office until the new board selected in the method pointed out by 
the new law is inducted into otlice. Any one who reads with care these 
two acts, that of 1870 and that of November 20, 1872, will perceive that 
both, in the eye of the makers, were designed to operate upon an elec- 
tion as an entirety ; upon the i)rc|»:iratory machinery, the actnal casting 
of the vote, and the uumner in which the summary or result of the bal- 
lots was to be ascertained. Ail this was sought to be etfected at once ; 
and weie it necessary the point couhl well be taken that it was not in 
the power of the governor, by approving this act, provided his approval 
wouUl have the effect claimed by the other side, to create the confusion 



212 CONDITION OF AFFAIES IN LOUISIANA. 

of liglits wliich would follow, by giving- to bis approval tbe efl'ect 
daiiiuMl by tbo otber side. The board of canvassers were balf through 
with their work when the a[)proval was effected. Shall the new board 
come in and hnish the reniainiiig- half ? Is it not clear that the ordi- 
nary dangers which attend the canvass of votes, and interfere with the 
fairness of results, would be a thousandfold aggravated if this division 
was allowed ; for a division of responsibility would be absolute irrespon- 
sibility. 

Article 110 of the constitution provides that '■ no ex post facto or 
retroactive law shall be passed." Of course, ex post facto laws com- 
prise all criminal statutes, and retroactive laws are meant to include 
the statutes upon all civil matters, and is thus clearly put in our consti- 
tution. It was oidy recently that this retroactive jn'ovision was put in 
the various constitutions, and the i)urpose of it is clear. If your honor 
will refer for one moment to the case of the Charles River Bridge 
against the Warren Bridge, 11 Peters, page 420, it will be perceived that 
the court si)eaks with regret that a provision like the one under considera- 
tion was not to be found in the Constitution of the United States. 
Fortunately, our constitution has that provision, and that of itself ren- 
dered it impossible for the governor by any act of his, the approval of 
a law or other act, to divest any vested right. The law could not retro- 
act; it could only apply to an election where it could apply to it in toto, 
that is to say, where it could affect the whole of it, where a senate 
legally convened should have selected, by the method pointed out by the 
new law, the board of canvassers. In any other view we should have 
dire confnsion of rights in reference to the persons voted foV, and a 
hiatus in the governmeut. Indeed,! submit that the logic and argu- 
ments of our friends on the other side, if pushed to their fair logical 
conclusion, would lead to this, that the entire election was a nullity, be- 
cause it is clear that the law-makers never designed to change the 
method of procedure at the point at which the governor sought by his 
ill-timed, if not ill-designed, approval to effect the change. Do the 
other side wish this result? or, rather, do they believe that their chances 
are better to have this election held as void ? If not, then I submit 
there can be no division. The canvassers who were charged with the 
duty of maUing this canvass must com})lete the work. I submit, then, 
that any other mode of reasoning than the simple one which I have just 
argued would involve us, as a State, in inextricable embarrassments, 
and that article 122 furnishes us with the only solution of the whole 
matter: and we may state the conclusion in this way, conceding all 
that the other side claim, that the old board of canvassers must con- 
tinue to act as canvassers until the new one is inducted into office. 

I am reminded by my friend Colonel Field that a gentleman of rare 
abilities and great legal lore, ]Mr. Roselius, has given to the mayor an 
opinion, which has been made public, to this effect: that after a legisla- 
ture has ceased to exist and another legislature has been chosen, that 
it is out of the power of the executive to approve an act passed by the 
defunct legislature; because, he says, with great force, he can do one of 
two things — he can approve an act, or send it back with his reasons ; 
but he cannot send it back with his reasons, because the legislature 
that originated it has ceased to exist. Therefore, he cannot approve it. 
This view is not uecessaiy to the complainant's case, for 1 think I 
have shown that the point made by the solicitors on the other side is 
not well taken ; but this view of Mr. Boselius furnishes another and in- 
ilependent answer to their objection. Your honor will judge of the rea- 
son that this opinion bears upon its face ; and T know that great weight 



CONDITION OF AFFAIRS IX LOUISIANA. 213 

will be attaclied by the court to any deliberate opinion of Mr. Christian 
Roselins. Tliat gieat name is entitled to a wei-^ht which few names are 
entitled to at the bar of America. His life has been spent here from 
the agG of eighreen ; he has risen by the force of his genius from obscu- 
rity to his present great eminence, and he stands today, by consent of 
the bar of America, in the maturity of his study and liis learning, the 
very first civil-law lawyer in the countiy, nnd facile princeps in a knowl- 
edge of the <avil law, so far as it is to be found in the statutes and jaris- 
j)rudence of Louisiana. 

But take any view of the objection of the defendants, and the con- 
clusion stands that the old board of canvassers to-day, as well as when 
the bill was tiled, is entitled to go on and complete its work, and this, 
because an express provision of the constitution commands it, and because 
it is the sole method by which chaos can be prevented in our whole 
Htate government ; and that brings me to consider very briefly the facts, 
so far as they go to the constitution of these two rival boards. 

Your honor has perceived that this board has enormous powers, and, 
whetlier it be under the old law or the new, that its i)owers are iden- 
tical ; tliat their duties are not simply to compile and aggregate the 
vote, but that they have an enormous discretion outside of that, which 
can nowhere be reviewed. If three citizens from any parish or voting- 
precinct say in substance by affidavit that there was iiot a free election, 
it is made the duty of this board to investigate whether there was or 
not; and if they decide that there was not, then they are to reject and 
consider as not having been cast all the votes at that precinct. That is 
a power which is greater than in any State else in tliis country, with 
one excei)tion, that of Arkansas. Each board of canvassers, a majority 
of them, have the i)ower of rejecting all votes cast at polls where, in 
their oinnion, there was not a fair and free election ; so that, under our 
statute, I might, as a candidate, have received a thousand votes and 
my competitor titty, and it might be returned that my thousand votes 
were cast at a poll where there was not a free election, so that my rival, 
with fifty votes, would be declared, and legally, too, elected. So that it 
was not on the part of Governor \Varmoth a struggle for a board of 
canvassers which could merely count and add, but a board that had the 
power to change the whole aspect of the canvass, especially where an 
election was reeking all over with fraud. 

Now, let us consider the facts as to the selection and organization of 
the rival boards. There is but one fact which is disputed, and that is 
as to whether Ilerron and Lynch voted against Hatch and Da Ponte, 
au<l for Longstreet and Hawkins. 

Your honor will recollect that under the statute the board originallj" 
consisted of the governoi-, lieutenant-governor, Anderson, Herron, the 
secretary of state, and Lynch. The lieutenant-governor and Anderson 
had fallen out of the board, being dis(pialified on account of having been 
candidates. 

The boaid then consisted of the governor, Herron, ami Lynch, with 
two vacancies: and the question is, whether Lynch and Ilerron voted 
for Longstreet and Hawkins, and against the men brought forward by 
the goveinor. A^irious aflidavits have been read, and 1 doubt not the 
gentlemen who made them believed what they said therein; but if we 
look at the acts of ]Mr. Lynch and of General Herron, before and after 
the organization, I think that we shall find that the undisputed facts 
show a settled purpose on their part not to act in conjunction with the 
goveinor. Indeed, Mr. Lynch called v.\) this matter of filling the vacan- 
cies, and when force was a])plied and the attem[»t nuule to eject Herron 



214 CONDITION OF AFFAIRS IX LOUISIANA. 



1 



and substitute Wharton, he gathered up bis papers and withdrew from 
the room. Can tliere be a doubt that Mr. Lynch and General Herron 
voted against Da Ponte and Hatch, and voted for Lonostreet and Haw- 
kins ? To my miud, you mioht as well contend that a man rowing to 
reach a certain point voluntarilj' reversed his action and son<>ht to 
make the boat go the other way. The acts of Lynch and Herron, to be 
consistent, to be at all reconcilable with their known purpose — a pur- 
pose admitted by those who tried to testity against them — must have 
been what they themselves said it to have been, they must have voted 
for Hawkins and Longstreet. This is the only fact in dispute, and the 
principle that men must be presumed to act from their known motives 
settles it. 

One other point alone remains to be considered in connection with the 
organization of that board. I can hardly call it a point of law ; it 
seems to me it should be called a point of force, a point of lawlessness. It 
is as to whether the governor had theright to dis])lace General Herron as 
secretary of state, and substitute in his stead Wharton. It is to be re- 
marked here that both Governor Warmoth and the complainant, so far 
as the title of General Herron to the ofitice of secretary of state is con- 
cerned, are in the situation of parties to an ejectment suit, each claiming 
under the same title. For the purpose of this case. General Herron was 
dejure as well as de facto secretary of state. Indeed, Governor Warmoth, 
to be consistent, must contend that he had the highest sort of title, be- 
cause he had been installed in this ofitice by a police force, a source of title 
much resorted to by him during his administration. But the story that the 
executive of this State tells your honor as to the displacement of Gen- 
eral Herron is this : "I found that General Herron was a defaulter, and 
thereupon I removed him and appointed another secretary of state," 
when the very act which authorizes a defaulter to be removed provides 
that he shall be removed after a judicial investigation and a judicial 
finding. So that the pretext put forward by the governor for removing 
General Herron as a matter of law pertaining to this case is too idle to 
require comment. Viewed as the act of an executive of a State, coming 
into a court in chancery and solemidy spreading upon the record that 
he thus disregarded all law in the name of a 'conservator of law, it 
would merit the severest reprehension, was it a matter proper to be 
animadverted upon. To my mind, h", might as well and as properly 
have come into court and stated that he shot General Herron as that he 
removed him. He would have as much law for shooting as for removing, 
and I think he takes nothing by this ])oiut ; and the only inference that 
can be diawn from his attemi)t to remove General Herron is, that he 
was pcrl'ectly Milling to set aside all law, and that lie did not even claim 
to be governed in his action as executive by law. 

I am reminded in this connection of a remark made during the inves- 
tigation bfore the congressional committee, in the adjoining room, by 
my tiiend Colonel Carter, who Mas testifying as a witness before the 
committee. !Mr. Steele was conducting the exiimination. It appeared 
that Mr. Uovee, the i)redecessor of General Herron as secretary of state, 
had been elected by the people at the same time with the governor, and 
his term of ollice was the same; that the constitution provided alike 
that the governor and secretary of state should be removed by impeach- 
ment, or the address of two thirds of both liouses ; that Governor War- 
moth, without any articles of impeachment, without any action of the 
legislature, without any action of any court, himself decided that the 
secretary of state had improperly promulgated a law, and, therefore, 
should cease to be secretary of state, and thereupon by the force of the 



CONDITIOX OF AFFAIKS IX LOUISIANA. 215 

police lie ejected him from the otiice of secretary of state and inducted 
another in his stead. Said Mr. Steele, " Colonel Carter, what pretext 
was there for the attempted removal of Mr. Bovee ?" " Well," said Col- 
onel Carter, " I do not know of any clause of the constitution upon 
which it is based, but 1 believe they call it the Hupreme executive iwicer:'' 

Now, if the court pleases, this sui)reme executive power, unknown to 
the law or the constitution, uncontrolled by constitution or statute, and 
backed up by police, constabulary and military power, may be defined 
to be the source of all our woes in this State, and couies i)retty near 
what in old times they used to call a despotism, and it seems to me that 
it is an act of a character which an executive would be slow to spread 
upon the records of this court. 

1 wish to say a word about General Uerron. 

He has been assailed by one of the solicitors on the other side. I 
know not why. I know his family. I know him personally. I know 
his record. He is a gentleman by birth and instinct. His family is 
one of the most respectable in the laud. He is a man of parts, not 
easily trifled with, and he had a record in the Federal Army, com- 
mencing, I think, as a lieutenant and ending as a major-general, which, 
for brilliancy and for the real bravery which it evinces, any man in the 
world might be proud of. I say this, not that I think General Herrou 
needs it, but I think it simple justice to him that it should be said. 

Now, then, accordiug to the facts, as they appear in this case, the 
governor, Mr. Lynch, and General Herron went on and elected Long- 
street and Hawkins. These four gentlemen, together with Governor 
Warmoth, are, it seems to me, beyond all contravention, the board of 
canvassers of the State to-day. It matters not that the governor has 
signally failed in his attempt to manipulate the board ; it matters not 
that it will seriously interfere with all his plans ; it matters not that it 
will count- men out, and perhaps justly, whom the governor would like 
to have counted in ; but, accordiug to tlie law and the facts, tliese five 
men are the legal board of returning-ofilcers. And all the com])laiuant 
asks for is that this board of canvassers shall be allowed in a proper 
way to complete its canvass, and fairly ascertaiu the result of this 
election. 

Here is a State which has just gone through a general election, and 
some three or four hundred officers have been voted for by the i)eople, 
and the whole machinery of the State is stopped siuiply because the 
governor has failed to make up a board of canvassers as he pleased. 
All that is asked is, that the clearly legal board shall be allowed to go 
on with the canvass according to the established laws, and we shall 
have done with this tremendous disregard of tlui rights of the people, 
with this tyranny, with this unauthorized, unjustifiable conduct on the 
part of the executive. We have had quite enough of it, and we never 
shall swing back into the groove of law and order until we cease to 
justify or to attempt to avail ourselves of such infractions of law. It 
is useless to talk about inaugurating reforms through and in the name 
of such violations. The legal question as to the board of canvassers 
is, Are these men the legal board ot canvassers? The question, so tar 
as it concerns the community, is, Shall there be a fair count .' Shall the 
officers elected be declared to have been elected, or sliall we have this 
one-man power coming in ui)on us and despotically putting out one 
board of canvassers and putting in another ? Shall all this avail this 
executive in a court which is bound to probe to the bottom all iiis 
claims of law and equity? It seems to me as if the approval of this 
act referred to was in accordance with the design of the governor, to 



216 CONDITION OF AFFAIRS IN LOUISIANA. 

create great confusion in this community, and in the midst of that con- 
fusion liave liis board of canvassers inaugurated, and to Lave at the 
meetini: of tlie legislature, which he has convoked, something' very simi- 
lar to the scenes of last winter, when a cordon of policemen settled the 
question as to who was or was not a member of either house. Does 
any man doubt why this act was approved who is familiar with the 
facts of the times! This law, which all my friends and I myself labored 
last winter to have passed, and which the i)eoi)leof this State demanded 
almost at the point of insunection, sliould be i)assed — that this should 
be aHowed to slumber until the election, wliich it was desired to aflect, 
had ])assed, and tlien on the 20th day of November it should be ap- 
proved. Do you think that this was done from motives of public utili- 
ty, from a desire to advance the public w;eal ? Or was it simply to carry 
out the private purposes of Henry Clay AVarmoth, in the interest of 
which this State government has been run for the last two years ? I 
submit that this act should have no favor from this court ; that it was 
avowedly to aflect the jurisdiction of this couit, to marshal the votes 
so that on the Oth of December, by a careful adjustment of the i)olice 
ami military, he could, upon the assembling of the legislature,|manage 
things as he pleased. It seems to me that this was the whole intent of 
his approval. If so, it was not worthy in design, and cannot avail him 
in any respect to escape the juiisdiction of this court and the authority 
of its orders. 

But, your honor, suppose that this court were at this stage of the 
case to droj) its hands from this action, and that we were to be refused 
this injunction, and that your honor should take no action as a chan- 
cellor in reference to the i)reservation of these most imi)ortant 
records called returns, how would it leave this community — because I 
cannot listen to gentlemen urging facts outside the case, and trying to 
press them \\\Hm the court, when it seems to me that all the morale, all 
the equity, all the n)otives from a high-toned public policy are clearly 
with the comi)lainant. But what would hapi)en if your honor should 
refuse us this remedy f ^Vhy, the result would be a repetition of the 
events of last winter — that a legislature will be atten)pted to be inaug- 
urated which shall be selected by Governor Warmoth and his police 
officers. AVill this community stand this? Will the great northern 
community syn)pathize with it? AN'ill Congress look with favor upon 
it? AVill the Chief Executive of this nation, charged with the high re- 
sponsibility of recognizing and determining the ])olitical status of gov- 
ernments, subject only to the revision of Congress, will he, I ask, allow 
it? What would it be but ])lunging us anew into these scenes which 
have so disgraced us, so impoverished us, I might almost say, so i)au- 
perized us ? How can we get out of these things until with one voice the 
people say wehavedoneforeverwith this business of the executive suj)rem- 
acy, with this sui)reme executive i>ower ! For if we are to live under a 
tyrant, let us at least select him ; and let ns select him as a monarch, 
with a view to founding a monarchy, which shall at least be respectable. 

Bear with me while I make a personal allusion: Some reference has 
been made by two solieitoi's, my friends on the other side, to events which 
hai)pened at *' liaton Jlouge,'' where my friends i)resented my name as 
a candidate for the governorship. I have only to say that the events 
which there transpired and which have since trans])ired here, only 
satisfy me in a way dearer to me than any other act, of the kindness and 
sympathy and the inteiest of the people of this community of all classes 
in my humble self I recollect nothing of Baton Rouge except the gra- 
tification Avhich that disclosure created; and I should illy repay this 



CONDITION OF AFFAIRS IN LOUISIANA. 217 

coiniuniiity, wlio have in all tbings'and with one accord been kind to me, 
did I not upou every occasion, and especially upon tliis, raise my voice 
against any attempt at further Mexicanizing this State government. 

Toward the two parties who were voted for as candidates for gover- 
nor in the last contest I entertain nothing but the kindest feelings, 
notliing but tlie most profound res|)ect. I know Coh)nefMcEnery's re- 
cord well, and it is certainly a most creditable one. Mr. Kellogg ai)pears 
to me in the fust i)lace as the recognized candidate of the republican 
party who has, as L believe,- been elected as governor of this State. lie 
comes also from a position in the senate with a record of which any man 
in this country might be very jirond. lie has labored for the material 
interest of this State there, and he has labored for the protection of the 
proscribed here, and it seems to me he has with distinguished talent 
done the full measure of his duty as senator. I believe that either Col- 
onel McEnery or Mr. Kellogg wonld discharge the duties of the ollice of 
governor with all their ability, and the ability of either is not small. 
But I would not be willing that either of them should obtain his seat bj' 
the waywardness and nnhallowed manii)ulation of the law by a despotic 
executive. In arguing this case 1 feel it is not the case of Kellogg against 
Warmoth that I am urging, but that of all the people of the State of 
Louisiana against Henry C. Warmoth. 1 have no personal feelings against 
Governor Warmoth. Personally, 1 have the kindest feelings towards 
him. When he was at the age of twenty-four years inaugurated gover- 
nor of this State, with the tremendous opportunities before him which 
he then possessed, he had my most hearty sympathy. When he was 
hissed in the theater, simi)ly because he was elected by the colored votes, 
he had my outspoken symi)athy. When I saw him, from motives, as I 
thought, of personally aggrandizing and enriching himself, perverting, 
and, indeed, subverting the whole system of our government, at a time 
when, if we had had a good man for governor, we could have had as 
good a government as they have in Massachusetts; when I saw him 
doing all this, and when I saw the disasters that, through his conduct, 
have one after another rolled in upou this State, I could not withhold 
my voice from speaking against such acts. Let them be continued, and 
when the next congressional committee meets here and asks a witness 
as to the value of real estate in New Orleans, instead of stating that he 
would not take the lower part of the city and pay the taxes, he will say 
that he will not take the whole city and pay the taxes. 

In conclusion, I ask your honor, not alone in the name of the rights 
of Mr. Kellogg, which are so clear and transiiarent, but in the name of the 
whole people of this State, to save us by the method which in the pro- 
vidence of God has been put into your hands — to save this community 
and this State, which I know your honor loves with an endearment 
which has resulted froui your residence of many years here— to save 
them from this lawless auil diibiuched rule— to save themfroai this des- 
potism— to save the State, as oidy it can be saved, by the tirm, fearless, 
and swift laun(;hing of the mandates of this court against this high- 
hauded wrong-doer. 



218 CONDITION OF AFFAIRS IN LOUISIANA. 

Circuit court of the United States, fiftb circuit aud district of 

Louisiana. 



CiESAR C. Antoine 

r.<j. [> lu equity — Xo. C851. 

Henry Clay Warmoth et al. 



j 



Bill of complaint. 

DlSTKICT OF LOIISIANA, SS : 

To tlie judges of the circuit court of tbe United States for the district 

of Louisiana : 

Ciesar C. Antoine, of Caddo Parish, a citizen of the State of Louisi- 
ana, brings this his bill against Henry C. Warmoth, Jack Wharton, 
Frank H. Hatch, Durant Ha Poute, William Vigers, Charles H.Merritt, 
Y. A. AVoodward, J). B. Penn, S. Armstead, B. P. Blancbard, tbe board 
of metropolitan police, a body corporate duly incorporated by the laws 
of the State of Louisiana and domiciled in the cit}^ of Kew Orleans, 
■whereof P. B. S. Pinchback is president, and William Baker, Jas. 
Reyual, William Eobinson, R. Brewster, and George Baldy are mem- 
bers; A. S. Badger, superintendent of metropolitan police, and Thos. 
Isabelle, P. S. Wiltz, J. S. Taylor, J. E. Austin, G. He Ferret, E. Booth, 
A. Voorhies, A. J. Lewis, B. F. Jonas, T. B. Stamps, H. S. Cage, R. C. 
White, T. C. Anderson, J. M. Thompson, E. L. Weber, A. S. Herron. 
Robert Worrell, O. H. Brewster, E. M. Graham, J. W. McHonald, A. H. 
Leonard, C. J. C. Packet, James G. White, J. F. Kelly, J. J. Millon, and 
James Timony ; J. A. Shakespeare, J. A, Rice, and J. Finney ; E. Itl. 
McCaleb, Charles Montaldo, W. B . Barrett, and W. L. Stanford ; 
T. B. Blancbard, F. C. Zacharie, F. Fusillier, V. O. King, A. Garidal, 
L. S. Roderiques, John Barrow, John Helaney, William Steven, 
W. C. Kinsella, C. Kummell, J. B. Eustis, J. McConnell, A. J. 
Humont, E. L. Bower, E. Riviere, P. Landry, and C. N. Lewis, of 
Ascension Parish; E. B. Cox and Nunea Vives, of Assumption Parish ; 
T. J. Edwanls antl W. K. Johnson, of Avoyelles Parish; T. L. Mills, T. 
Bynum, and J. S. Gardere, of East Baton Rouge; J. L. Lobdell, West 
Baton Rouge; W. S. Corkeran, of Bienville Parish; W. H. Scanlaud 
and L. P. Sandedge, of Bossier Parish; J. C. Moncnre, George L. Smith, 
and J. Sella Martin, of Caddo Parish; \V. H, Kirkman, of Calcasieu 
Palish ; Thomas J. Humble, of Caldwell Parish ; Paul Jones, of Cameron 
Parish; George C. Benham and (3ain Sartaiu, of Carroll Parish; Allen 
J. Davis, of Catahonla Parish; W. F, Moreland and Thomas Price, of 
Claiborne Parish; David Young and George Washington,- of Concordia 
Parish ; J. B. Elam and A. F. Stephenson, of De Soto Parish ; John 
Gair and James Laws, of East Feliciana Parish; James W. Armstead, 
of West Feli(aana Parish; F. W. Norris, of Franklin Parish; J. H. 
Hadnot, of Grant Parish; L. A. Siiaen, of Iberia Parish; J. R. Cavan- 
naugh, of Jackson Parish; E. H. Hubin, William Kern, and C. W. 
Lowell, di' Jeiferson Parisli ; J. D. Frahan, of La Fayette Parish ; John S. 
Billim and O. Harang, of La Fource Parish; T. G. Davidson, of Living- 
ston Parisli ; James R. McDowell, of Madison Parish ; C. C. Davenport, 
of Morehouse Parish ; E. L. Pierson and W. A. Ponder, of Natchitoches 
Parish, W. F. Southard, and D. Hill, of Ouachita Parish ; H. Mahoney, of 
IMaquemines Parish ; J. P. Harris and L. B. Clairborne, of Pointe Coupee 
Parish ; L. Texada, John J. Swan, and J. P. G. Hooe, of Rapides Parish ; 



CONDITION OF AFFAIRS IN LOUISIANA. 219 

E. W. Dewees, of Red River Parish ; IT. F. Vickers, of Richland Parish ; 
J. F. Smith, of Sabine Parish ; R. V. J)ncros, of Saint Beinard Parish ; 
M. Hahn, of Saint Charles Parish ; D. K. (Jornian, of Saint Helena 
Parish ; Henry Deiuas, of Saint John l>ai)tiste Parish ; Benjamin 
R. Gantt, J. F. Little, E. D. Estilette, and L. D. Prescott, of the Parish 
of Saint Landry Parish'; Victor Bochou and L. A. Martinet, of Saint 
Martin's Parish ; James Costello and M, J. Foster, of Saint Mary Parish; 
J. G. Tate, of Tano-ipahoa Parish ; J. R. Stewart and J. S. Mathews, 
of Tensas Parish ; J. J. Booles, of Union Parish ; P. Fontelieu, of Ver- 
million Parish ; J. R. Smart, of A'ernon Parish ; A. C. Bickham, of 
Washington Parish ; J. P. Shultz, of Webster Parish ; W. A. Strong, 
of Union Parish ; all citizens of the State of Lonisiana, and inhabit 
ants thereof; and therenpou yonr orator complains: That in accord- 
ance Mith the constitution and laws of the State of Louisiana a 
general election was held in said State in all the parishes there- 
of on the fourth day of November, in the year of our Lord 1872, at 
which election there were, by law, to be voted for and elected, a gov- 
euor and lieutenant-governor, as well as all olhcers in the executive, 
judicial, and legislative departments of the government of the State of 
Louisiana; that at said election your orator was duly nominated for 
and was a candidate for election by the sullVage of the lawful voters of 
said State for the office of lieutenant-governor of said State, to which 
oftice he was and is in all things eligible; that at the same election the 
said defendant D. B. Penn was also a candidate for election to the 
same oftice ; that according to the law of the State of Louisiana govern- 
ing and controlling said election no person ^vas a qualified elector, or 
entitled to vote at said election, until he had been registered in a list of 
persons entitled to vote at said election ; tUatthe provisions of the law 
of said State relating' to registering vested the ai)pointmeut of the offi- 
cers, whose duty, bj law, it was to register all such voters, in said Ueury 
C Warmoth; that at all times since your orator (who is a person of 
color) became a candidate for such election, the said Henry C. War- 
moth, governor of said State, has repeatedly avered his intention to 
adopt and use all the means in his power, and to so exercise uidawfullj' 
and extend his powex, and the power conferred upon him by his position 
as governor, as to unlawfully defeat the election of your orator; tbat 
for that purpose and to aid in said scheme, he appointed the said de- 
fendant, B. P. Blanchard, State register of voters, a person in all things 
pliable and subservient to his will, and willing in ail things and by all 
unlawful means to aid and assist the said Henry C. Warmoth in exe- 
cuting his said plans and schemes; that he also, in the appointment of 
au[)ervisors of registration, and assistant supervisors of registration, so 
selected persons for said olhces as to obtain tbose also [)liable to his will, 
and who would concur with and aid him in the execution of his unlaw- 
ful plans and fraudulent devices. To that end and for that purpose, your 
orator is advised, intbrmed, and verily believes, the said Henry C. War- 
moth did especially make it a condition i)recedent to the appointment 
of such officers, that they should in all things, and by all unlawful 
means within their ])ower, assist in the accomplishment of said ends; 
and your orator further saitli that one of the unlawful devices, plans, 
ami' schemes of the said defendant Henry C. Warmoth was through 
the instrumentality of h\^ said officers, and with their aid and by the 
pretended aid of laws of the State to disfranchise a large number of the 
citizens of the State of Louisiana of African descent, in all respects 
lawfully entitled to the franchise, by refusing to register the said citi- 
zens upon the list of registered voters, by reason of their race and color, 



220 CONDITION OF AFFAIRS IX LOUISIANA. 

/ and by such means to deprive your orator of tlie vote of a large uiimber 
/ of tbc citizens of tbe State, wbich votes, if tlie same bad been permitted 
to be cast and deposited in tbe ballpt-baxes, wouhl liave been cast in 
favor of yonr orator; tbat in the execution of, and carrying out of, said 
sebeuie tbe said Henry C, AVarmotb and bis said confederates were 
[ so far successful as to i)revent tbe registration upon tbe lists of regis- 
1 tered voters of a large inunber of persons lawlblly entitled to vote. 
1 Tbat your orator verily believes tbat at least ten thousand voters were 
\^o refused or prevented from registration. 

And .your orator further shows unto your honors tbat after tbe time for 
registration of Voters in said State, immediately prior to said election, 
bad exi)ired, the said II. C. Warmotb and bis said confederates, in order 
to further etfect and carry out their said unlawful schemes to deprive 
your orator of bis election to said oflice of lieutenant-governor, not con- 
tent with having deprived said citizens of the opportunity and right of 
registration, afterward, and on the day of said election, when said per- 
/ sons so refused registration as aforesaid ottered to deposit their ballots 
' for your orator in the ballot-boxes at tbe place of election, did cause 
them to be refused tbe right to deposit said ballots, to the injury of your 
orator. That your orator is in i)ossession of evidence of that fact, pre- 
\served under tbe provisions of the act of Congress approved IMay 31, 
1870, entitled, "An act to enforce the right of citizens of tbe United 
States to vote in the several States of this Union, and for other pur- 
poses," and the acts amendatory thereto, and your orator avers that he 
is informed and verily believes tbat the number of persons of color and 
of African descent who, on the day of said election, so ottered todeposit 
their ballots for your orator in the ballot-boxes at the various polling- 
places in the State of Louisiana, would fully amount to ten thousand 
persons, and that the persons so ottering said baUots were in each and 
every instance persons of color, and were refused the right of franchise 
on account of race and color. 

And your orator, further complaining, shows unto your honors tbat be 
has reason to believe and does believe that on the day of said election a 
large number of citizens of tbe State of Louisiana, in all things duly 
entitled to and qualilied to vote, did on tbe day of said election dei)Osit 
their ballots in the ballot-boxes for your orator for said ottice, and their 
ballots should in law and justice have been counted for your orator as 
tending toward establishing his election to said ottice, and that said bal- 
lots, after the same had been so cast and deposited, v.ere excluded from 
count and consideration, and that tbe said defendant Henry C. War- 
moth, conspiring and combining with the said defendant B. P. Blan- 
chard, and with tbe supervisois and assistant supervisors of registration 
by him so ap})ointed as aforesaid, has caused a dishonest, incorrect, and 
false count of the votes cast in tlie several parishes of said State at said 
election, and has ialsified and caused false, untrue, and fraudulent returns 
and ccrtilicates of tbe result and canvass of the votes cast in the several 
parishes in said State at said election to be made and returned, and that 
said count, canvass, and certificates are so false and untrue, for the rea- 
son that a large number of the ballots deposited in the ballot-boxes at 
said election by persons of color have not been counted and considered, 
and the evidence thereof ]»reserved and certified so that the same ma^' 
be canvassed and considered by the returning-otticers for elections in 
said State, and be verily believes tbat tbe votesand ballots sosuppressed 
were cast for and in favor of your orator as lieutenant-governor of said 
State, and if considered and counted, as they should have been, would in 
all things been sulbcient to elect him to said office, and your orator avers 
tbat he has reason to believe and doesbelieve that said votesand ballots 



CONDITIOX OF AFFAIRS IX LOUISIANA. 221 

were so rejected and said returus and certificates so falsified in fartlier- 
auce of and as part of said scheme to deprive a sufficient number of 
persons of color and of African descent of theri^l^t of franchise, and to 
so suppress a sufficient number of ballots cast by said persons I'rom your 
orator for his office as lieutenant-ijovernor, so as to make it appear that 
your orator had been defeated and that the said defendant David B. 
Penn had been elected, and your orator thereby deprived of said office 
and the emoluments thereof, to which he is lawfully entitled. 

And your orator further shows unto your honors that said scheme 
of fraud and wrong- was far reaching in its character, and that it was 
the intention of the said defendant Henry C. Warmoth; and of the 
said defendant B. P. Blan(;hard, whom i'or said purpose the said 
defendant Henry C. Warmoth found a pliant and willing tool, not only 
to compass and accomplish the said scheme of defrauding of their lawful 
right of franchise a large number of the legal voters of African descent, 
but also to so manage and control their said scheme as to destroy the 
proofs and cover up the means and instrumentalities by which it had 
been eftected ; that for that purpose the said defendant, B. P. Blauch- 
ard, State registrar of voters, with the knowledge and connivance of the 
said defendant Henry C. Warmoth, issued secret directions and in- 
structions to the several supervisors of registration in the various par- 
ishes of the State, and through them to the commissioners and other 
officers connected with the State election, tending to inform such officers 
of the means by which said frauds were to be eftected, and the steps 
and precautious to be taken to cover and conceal from discovery their 
acts and intentions ; that said instructions were in part oral and in part 
written 5 that said defendants were well aware that the officers (super- 
visors of registration and election) appointed by authority of the United 
States, if allowed to discharge the duties required of them by the laws 
of the United States, would discover and prevent the consummation of 
their plan, and that in order to defeat the purposes for which said acts 
of Congress were adopted, and in order to deprive your orator of the 
evidence of frauds and of the rejection of votes on account of the race 
and color of the voter, the said defendant B. P. Biauchard unlawfully 
wrote and delivered, or caused to be delivered to each of said supervis- 
ors of registration confidential instructions, of whi(;h the following is a 
specimen : 

[Confitleutial.] • 

Statk ok LocisiAXA, Offick of Statu Kixiistuak of Votkus, 

Sew Orleans, October )>i, 1872. 

Sii;: 111 additiou to the instiiictious coutaiued in circular Xo. S, from this office, you 
are instructed: 

1. In counting the balh)ts after election, count first the, votes cast for presidential 
electors and iiienibers of Congress, keeping separate tally-lists on the Form No. 1, pro- 
vided for that purpose, and making up and completing the statement of votes for eacli 
poll upon Form No. 1, then close the box, reseal it, and piocc(}d in a similar manner until 
all the national votes have been counted. Then proceed with the counting of the State 
and parish votes, bearing in mind the fact that the United States superrisors of election 
and deputy marshals have no right whatever to scrutinize, inspect, or be present at the 
counting of the State and parish votes. 

•2. As soon as the count in each ease is completed telegraph the result to this office at 
once; should there be no telegrapl'-ollice at the court-house, dispatch a messenger by 
the quickest route to the nearest telegraph-station. 

:'>. The stationery, ifec, furnished for each parish is to be equally distributed aumng 
all the i)olling places, and at least one copy of the election laws must be furnished to 
each poll. 

Ivesnectfully, 

B. r. BLANCH ARD. 
Stale Bef/istrar of Voters. 

L. E. Bf.ntley, Esq., 

Supetrisor of Eegi>!tra1io», Parish of Jscciniiou. 



222 CONDITION OF AFFAIRS IN LOUISIANA. 

That said iustructions were so given in order to deprive your orator 
of the benetit that would luive accrued to biiu by tbe evidence of the 
rejection of the votes of persons of color being preserved, which would 
have been the case had the inspectors of election appointed by the 
authority of the United States been permitted to perform their duties. 
Your orator avers that the sole purpose of the said defendants Henry 
C Warmoth and B. P. Blanchard in excluding from the canvass of the 
ballots cast at the said election the Federal supervisors of election, was 
to enable them to reject said votes Avithout hinderance, and without any 
record of their wrongful act, being kei)t or preserved in suck man- 
ner as to be of value to your orator as evidence to establish his right to 
said office; and your orator further shows unto your honors that in order 
to further perfect and execute said scheme of fraud, the said B. P. 
Blanchard as State registrar of voters issued to the several sni)ervisors 
of registration other secret and confidential instructions to be obseived 
by them in the conduct of said election, of which the following is a 
specimen : 

[Ctnfidential.l 

State of Louisiana, 
Oi'FiCK OF State Registijah of Voters, 

iVtic Orleans, October 28, 1872. 
Sill : Yoii will i)lease direct coiiiiuissioncrs of elecfion to receive no votes upon the 
atTidavits supplied by tlie radical party under the enforcement act, unless tbe person 
applying or olifiing to vote is known by them to have been wrongfully refused regis- 
tration. 

Respectfully, 

B. P. BLANCHARD, 
Slate Ih'fjistrar of Voters. 
L. E. Bkxtlky, Es(i., • 

Supervisor of Begistration, Farish of Ascension. 

P. S. — In case of rejection of any vote upon such affidavit call upou re-fpectaMe ge.utle- 
Dicn present at the polls as witness. 

Your orator avers that confidential communications of like character 
were addressed to all the supervisors of registration, and that said com- 
munications conveyed to said supervisors of registration a meaning be- 
yond that which was apparent upon the face of them, and that they 
were written in accordance with a concert and agreement existing 
between said ]>lanchard and the State supervisors of registration, which 
conveyed to them the real import and meaning of such communica- 
tions ; that said instructions were intended, and in fjict are directions 
to the said supervisors of registration, to unlawfully reject the ballots of 
persons of color, and that the word n'rovf/fulli/, underscored in said 
communication, has a meaning very different from its common t^ignifi- 
cation and was intended to direct the said officers of election to dis- 
criiniimte against persons of color and African descent. 

And your orator further shows unto your honors that whenever the 
said defendant Henry C. "Warmoth discovered that any of said super- 
visors of registration, were unwilling to embark in said scheme of fraud 
and were unwilling to obey his instiuctions and aid in his schemes, he, 
without authority of law, dismissed them from office and ai)pointed such 
persons in their stead as would in all things aid in the execution of his 
said schenu', and through the instrumentality of such wrongful and 
despotic acts obtained sui)ervi.sors of registration comi)letely subser- 
vient to hi.s Avill. 

And your orator further shows unto your honors that in order to fully 
consummate the said scl.eme of wrong aud fraud, it was necessary and 



CONDITION OF AFFAIRS IN LOUISIANA. 223 

important for the said Henry C. Warnioth and his said conspirators and 
confederates to so obtain control of the canvass and board of returniiif?- 
otticers, whose duty it was to canvass, estimate, and determine tlie bal- 
lots cast at said election in favor of the several candidates for election, 
as to prevent discovery of the fact that a large number of ballots de- 
posited at said election had been excluded from the count of such bal- 
lots on account of the race and color of the voters by whom such ballots 
had been deposited for your orator, as well as to prevent any count, can- 
vass, or estimate of the ballots of such persons of color as had been 
offered to be deposited in the ballot-boxes for your orator by ])ersons of 
African descent as aforesaid, and which by the laws of the United 
States should have been considered counted and credited to your orator. 

And your orator, further comi)laining, shows unto your honors that, 
by the law of the State of Louisiana governing- elections, it is made the 
duty of the supervisors or assistant supervisors of registration tor the 
various parishes in said State, immediately upon the close of the 
polls on the day of election, and after the ballot-boxes had been by the 
commissioners of election returned in due form of law to the supervisors 
of registration, to proceed, in the presence of the commissioners of elec- 
tion and three freeholders of the parish for each ])o]l or voting i)lace 
therein, to opeu the ballot-bos and count the ballots therein, and make 
a list of all the names of the persons and officers voted lor, the number 
of votes for each person, the number of ballots in the box, the number 
of ballots rejected, and the reason therefor; that such statement is re- 
quired to be made in triplicate, and each copy thereof signed and sworn 
to by the commissioners of election of the poll and by the supervisors 
of registration ; that it is the further duty of said supervisor to inclose 
in an envelope of strong paper or cloth, securely sealed, one copy of such 
statement from each poll, and one copy of the list of persons voting at 
such poll, and all intmoranda and tally-lists used in making the count 
and statement of the votes, ami send such package by mail i)lainly and 
properly addressed to the said defendant Heury C. Warmoth, governor 
of the State. 

And your orator, further complaining, shows unto your honors that 
the law of the said State provides that the governor, lieutenant-governor, 
secretary of state, and John Lynch and T. C. Anderson, or a majority 
of them, shall be the retnrning-officers for all elections in the State, a 
majority of whom shall constitute a quorum, and have power to make 
the returns of all elections; that in case of any vacancy by death, resig- 
nation, or otherwise, by either of the board, then the vacancy should be 
filled by the residue of the board of returningotticers; that said law 
further provides that, within ten days after the closing of the election, 
said returning officers shall meet in New Orleans to canvass and compile 
the statement of votes made by the supervisors of registration, and make 
returns of the election to the secretary of state ; and they shall continue 
in session until such returns shall have been completed ; that the gov- 
ernor shall at such meeting open, in the i)resenee of said returning-otfi- 
cer, the statements of the supervisors of registration, and tiiat the re- 
turning officers shall, from sueh statements, canvass and compile the re- 
turns of the election in duplicate; that one coi)y of such retniii shall be 
tiled in the office of the secretary of state of said State, and ol one copy 
they shall make publi(; proclamation by i)rinting in the ollicial journal, 
and such other newspapers as they may deem [uoper, declaring the 
names of all persons and officers voted for, the number of votes for each 
person, and the names of the persons who have been lawfully elected; 
the returns of the elections thus made and promulgated are, by said 



224 CONDITION OF AFFAIRS IN LOUISIANA. 

State law, declared to be inma-fack evideuce in all courts of justice, 
and before all civil oliicers, of the right of any persou named thereiu to 
hold and exercise the office to which he shall by sucli returns be declared 
elected. 

xVnd your orator further shows that, by the law of said iState, the 
said board of returning-otiicers are vested with full and competent 
authority and jurisdiction to examine into the truthfulness of any such 
statement. Certificate of return to hear testimony, require the produc- 
tion of papers and to investigate into tlie fairness of the election in any 
of the several parishes, polls, or election precincts in said State, and to 
determine whether persons who were by law lawfully entitled to vote 
at such election, were deprived of or refused the right of franchise by 
reason of race, color, or previous condition, or otherwise, and if it ap- 
pears that a sufficient number of the qualified electors entitled to vote 
at any poll or voting-place, were refused the right of franchise unlaw- 
fully, so as materially to change the result of tlie election, said return- 
ing-otficers are prohibited from canvassing or compiling the statement 
of votes of such i)oll or voting-])lace in tlieir returns, but are required 
to exclude it therefrom. 

I'our orator, further complaining, shows unto your honors that ten 
days after said election and at the time when said returning-board was 
by law required to meet, the same did so meet; that the defendant, 11. 
0. Warmoth, as governor of this State, was present at suck meeting: 
that P. B. S. Pinchback, lieutenant governor; Francis J. Ilerron, sec- 
retary of state; and John Ijynch, were also present, constituting a 
majority of said board; that it was then and there determined that said 
P. Jj. S. Pinchback and T. C. Anderson being candidates for office at 
said election and interested therein, were dis(puilified from acting on 
said board, thereby reducing the members of said present to the 

said defendant AVarmoth, the said Francis J. Herron, and the said 
John Lynch, who still constituted a majority of said board; the said 
board then proceeded, by authority of law, to fill said vacancies in said 
board, and tilled the same by the election of Jacob llawkius and James 
Longstreet; that said board was thereupon properly organized to pro- 
ceed to said canvass and were duly sworn according to law. 

And your orator further shows that said defendant, Henry C. War- 
moth, pretending to be in possession of the returns of a large number 
of supervisors of registeition, refuses to open said statements of super- 
visors of registration in the presence of said returniug-officers, being in- 
lluenced in such refusal, as your orator verily believes, by the fear that 
said returning-board would make due and proi)er investigation of the 
trutldulness of said returns and statements, and that the said scheme 
for excluding lawful ballots would be defeated, or that evidence of the 
fraud that had been so committed, and of the fact that a large number 
of persons had at such election olfered to vote and had been denied the 
right to vote, contrary to the Constitution and acts of Congress, would 
be discovered and preserved in such form that the same could be used 
and of avail in any action of proceedings instituted by your orator to 
<leter)nine his right of office of lieutenant-governor of\said State; but 
the said Henry C. "Warmoth made frivolous excuses for not discharging 
his said duty, and said board of returning-officers adjourned until 
the next day without any further action, when, in order to cover 
up aiul conceal said frauds, and to prevent the proper legal canvass 
of said votes, the said defendant, Henry C. Waruu)th, without any 
legal authority or color of law, i)retended to eject the said Francis 
J. Herron from the otiice of secretary of state, and with force and arms 



CONDITION OF AFFAIRS IN LOUISIANA. 225 

attempted to take forcible possesjsion of tlie records and archives of the 
office of secretary of state into his custody, and, witliont warrant or 
color of law, pretended to ap[>oint the said defendant, .lack Wharton, 
to the office of secretary of state; and that the said Jack Wharton, 
willing" to aid in the said unlawfnl scl)eine, i)retended to be secretary of 
state, and, as such, a meiuber of tlie said returning-board; that said de- 
fendant, Ilenry V. Warmoth, thereupon pretending that he had con- 
ferred the office of secretary of state on said Wliarton, combined with 
said Wharton, and they together pretended to have elected as members 
of said returningboard the said defendants, Frank 11. Hatch and Durant 
Da Ponte; and that, although they and all of them Avere well aware that 
all said actings and doings were, in all respects, fraudulent and in vio- 
lation of law, and that none of the said defendants, except the said de- 
fendant Warmoth, had any colorable right to proceed to the canvass 
of said statements, certificates, or returns, and that he, the said War- 
moth, had no right to open or submit the same to any persons other 
than the said Lynch, Hawkins, Lougstreet, and Ilerron, yet the said 
defemlants, Vwirmoth, AVharton, Hatch, and Da Ponte, in order to aid 
in such scheme of fraud, pretend to be a lawful returning-board: that 
the said defendant, Warmoth, as your orator is informed and verily 
]>elieve?;, while refusing to open and deliver said statements, cer- 
tificates, and returns to said legal returning-officers, who were organ- 
ized and in actual session, has in fact opened and submitted the 
same to said conspirators and intruders, excluding said lawful re- 
turning-officers from any canvass; that yonr orator believes, and there- 
fore avers the fact to be, that it is the intention and deliberate plan 
of the said defendants aforesaid, pretending- to act as returning-board 
as aforesaid, to make such pretended canvass of said votes as shall 
effect an apparent defeat of your orator, and declare said D. B. Penn 
elected as lieutenant-governor of said State; that, to produce said 
results, they intend to give such effect to such frandulent certificates 
and returns as teiid to produce such result, and intended to exclude 
from all consideration, count, or canvass all votes of persons of color 
that have been suppressed or prevented from being cast ; and that it was 
their intention by such frauds to deliver to the pretended secretary of 
state such certificate or returns or pretended result of their canvass as 
would make it appear that your orator is defeated and the said D. B. 
Penn elected, and thereby ileprive your orator of said office : and that 
while their canvass or return, as yonr orator is informed, would be per- 
fectly void in law, yet the same wonld embarrass, hinder, and delay him 
in the prosecution by legal proceedings in this hom^rable court to estab- 
lish his rights to said ofitice, to which^he verily believes he is Justly en- 
titled, and to which he has been legally elected ; that he is informed 
and believes that it was the intention of the said pretended returning- 
board, in furtherance of the scheme, to destroy all of said returns and 
certificates received from the supervisors of registration, and thereby 
suppress and place beyond the reach of your orator evidence which 
would be important and indispensable in the prosecution of legal pro- 
ceedings to establish his right to said oflice; and he verily believes that 
it is the intention of said defendant, Warmoth, to place all the said cer- 
titlcates and returns of suj)prvisors beyond the reach of the regularly- 
constituted board of returning-officers, and thereby deprive your orator 
of any legal official canvass of said votes, and of tlie evidence that a 
Just, honest, and truthful canvass of said votes by the officers or persons 
by law designated to canvass the same would furnish, tending to show 
his right to said office of lieutenant-governor. 
H. Ex. 01 1~> 



226 CONDITION OF AFFAIRS IN LOUISLINA. 

And your orator further shows unto your honors that, after the organ- 
ization of said l>oaid of returuiuji-ofticers, as above set forth, that the 
said F. J. lierrou, actin<];- as de facto secretary of state, and while they 
were eujiaged in the canvass of said votes and certificates, by tlie judg- 
ment of the honorable the sui»renie court of the State of Louisiana, in a 
case depending in said court, the said F. J. IJerron was ousted from the 
oliice of the secretary of state, and George E. Bovee, the duly-elected se- 
cretary of state, re-instated in said otticejthatiiniuediately after said judg- 
ment, and about the 2d day of December, 1872, the said Bovee, having 
taken and subscribed tlie oath re(juired by law, became one of said re- 
turning-ofticers in the place of said Herrou. 

And your orator further shows unto your honors, that on or about 
the lOth day of November, 1872, Wm. Pitt Kellogg, a candidate for 
governor of said State at said election, in order to arrest the said fraud- 
ulent acts of the said defendauts, Warmoth, Wharton, Hatch, and Da 
Ponte, and to prevent the cousunimation of such frauds to his injury, 
filed and exhibited his bill of complaint in this court, on equity side 
thereof, against the said last-mentioned defendants, which said Case is 
numbered 0830 of the docket of this court, and obtaiue«l from your hon- 
ors such restraining orders and injunctions as should have comidetely 
arrested and terminated said scheme. 

Your orator, for further detail and particular in this behalf, craves 
leave to refer to the record of said proceedings in equity now remaining 
in the court. 

And your orator further shows unto your honors that said defendant, 
Henry C. Warmoth, having no regard for either the laws of the State 
of Louisiana or the laws of the United States, or the orders and direc- 
tions of this honoiable court, in a great measure disregarded the com- 
mands of your honors; but when he became apprehensive that this 
honorable court would enforce and compel obedience to its orders and 
mandates, and that it was unsafe to disregard the same in all respects, 
he, in collusion ;uul confe<leracy with the defendant, herein concocted 
and devised another more daring Uagrant device and scheme for defeat- 
ing the ends of justice and consumnniting his device and scheme for de- 
priving as well the said Kellogg as your orator of the benefits of a just 
ami legal canvass of said votes and of the evidence pertaining to said 
election ; that he still refuses, and at this time, in defiance of the order 
of this honorable court, continues to refuse, to submit the certificates and 
ri^turns relative to said election to said board of returuing-ofticers, pro- 
nounced by the judgment of this honorable court to be the legal return- 
ing-olUcers to canvass and make returns of the ballots cast at said 
election, but endeavored to thwart and circumvent the orders and will 
of this court by approving an act of the general assembly of the State 
of Louisiana, which he claims was in his possession for consideration 
and api)r()val ; that a copy of said act is herewith filed, marked Exhibit 
A, and nuide ])art hereof; that the said act of the legislature made and 
makes, if the same be of any binding import and value, (which your 
orator denies,) no material change in the election laws of this State, with 
the bare excei>ti()n that said last-mentioned act provides that the board 
of returning-otticers, although charged with prec^isely the same duties 
and i>o\yers as those imposed by the act in force when said election was 
held, provides a different method ami umnner of designating and appoint- 
ing the returning-officers, requiring such officers to be elected from the 
various ])olitical parties by the vote of tlie senate of the State; 
that after having aj)proved and, as he pretends, given the effect of 
law to said last-mentioned act of the legislature, the said H. C. War- 



I 



CONDITION OF AFFAIRS IN LOl'ISIANA. 227 

moth, pretending that tbe effect of said approval of said act was in law 
to sweep out of existence the board of returnino-ofticers, who were en- 
gaged in lawfully canvassing the result of said election, did, in a surrep- 
titious and clandestine manner, secretly combining and confederating 
with the said defendants, Thomas lsabeile,P.8. Wiitz, J. S. Taylor, J. E. 
Austin, and George Ue Feriet, preteiul to usuri) the province and power 
of the collateral branch of the general assembly of said State, a brancli 
of said assembly not at that time in existence, "except as to part thereof, 
less than a quorum, aud pretended to appoint the said last-named de- 
fendants returniug-ofiflcers to canvass, consider, and umke returns con- 
cerning said election. 

That your orator is informed and verily believes tliat they pretended 
to hold a session as returning-ollicers, to do the bidding of the said de- 
fendant, AVarmoth, and although well knowing that they had no right 
or authority as returning-ofidcers, and that the said H. C. AVarmoth 
could confer no such authority upon them, that tbey, in combination 
with the said Warmoth, and iu deiiauce of the orders of this court, 
did pretend to make a partial canvass of said election, and did publish 
in the New Orleans Tijues, a newspaper published iu the city of Xew 
Orleans, a pretended proclamation, a copy of which is herewith filed, 
marked Exhibit B, and made part thereof; that the said defendants 
and the said persons named in the said proclamation, conspired together 
and caused said proclamation to be made, for the puri)ose and with the 
Intent of unlawfully creating and establishing the persons named iu said 
proclamation a general assend)ly for the State of Louisiana, to be con- 
vened under color of title pretended to be conferred by said pretended 
canvass and proclamation as a general assembly, well knowing that 
they derived no title or evidence of election from said wrongful acts, 
and well knowing that many of the defendants, herein named iu said 
proclamation, had never been elected to said pretended positions in the 
general assembly of said State; that the said defen<laut, Warmoth, and 
the said defendants named iu said i)roclaraation, intended, and still do 
intend, to (convene, at the city of New Orleans, on the 9th day of De- 
cember, 1S72, pursuant to thepr9cIamatiouof saiddefendaut, Warmoth, 
and unlawfully, and in furtherance of said scheme of wrong, pretend to 
act as a general assembly, and proceed, as such general assembly, to 
announce and declare the said T). 1>. Penu elected to tlie otlice of lieu- 
tenant-governor, and thereby deprive your orator of said otlice, and of 
any possibility of asserting his right to have canvassed and effect given 
to the votes of persons of color so cast and oftere<l to be cast for your 
orator, the said defendants juetending that, as to the otiices of governor 
aud lieutenant-governor when so unlawfully convened, they can act 
arbitrarily in deciding said election, without any other count, estimate, 
or evidence of the votes cast and counted, or votes that should be 
counted, thau they may arbitrarily be ijleased to consider. 

And your orator further shows unto your honors that, by the law of 
the State of Louisiana, it is the duty of the secretary of state to trans- 
mit to the clerk of the house of representatives of the last general 
assembly, the said defendant, Williani Vigers, aiul to the secretary of 
the senate of the last general assembly, the said defendant, Charles 
n. jMerritt, a list of the names of such persons as according to the 
returns of the lawful returning-officers have been elecced to either 
branch of the general assembly; and tliat it is the duty of the said 
clerk of the house of rei)resentatives, the said Vigers, aud the said 
secretary of the senate, the said Merritt, to place the najues of the 
representatives and senators elect ujwn the rolls of the -house aud 



228 CONDITION OF AFFAIRS IN LOUISIANA. 



senate, resi)ectively ; and that tliose representatives and senators 
whose names are so placed by the said clerk and secretary, respectively, 
of the house of representatives and senate, and none others, are com- 
petent to organize, respectively, the house of representatives and the 
senate ; that the said Jack Wharton, willinj? in all thiugs to aid the 
scheme of said defendant, Warmoth, pretends, although wholly Avith- 
out title thereto, to be secretary of state, and the said defendant, War- 
moth, for purpose of fraud, favors and abets his said pretensions ; that, 
the i)urpose of said scheme of fraudulent canvass, i)roclamation, and 
designation of pretended nuMubers of the general assembly was to set 
on foot and devise the following schemes to accomplish the end arrested 
and defeated by the orders and writs of this honorable court, above 
referred to, the plan being as hereinafter set forth : The said defendant. 
Jack Wharton, preten<led to act as secretary of state, under the direc- 
tion and with the connivance of said defendant, has made and delivered 
to the said Charles II. Merritt, secretary of the senate, a list of the 
names of the persons defendants herein designated in said fraudulent 
l)roclamation as senators, well knowing said ])roclamation to be false 
and of no etfect; and it is the intention of the said defendant, Merritt, 
to i)lace said immes on the roll of the senate, and it is pretended 
1)3' the said conspirators that this device has the eiiect to make 
said defendants senators, and to place in their power, by mutually 
declaring themselves to be senators, to usuq) the powers of that branch 
of the general assembly : that the same process and scheme is njade and 
intended to be executed to accomplish an unlawful organization of the 
house of re])i osentatives ; that if said defendants are permitted to so usurp 
the legislative functions, they will use their advantage and ])Osition so un- 
lawfully obtained to deprive your orator of the olfice to which he is en- 
titled, Avithout observing- any of the forms of law intended to protect 
your orator's rights, and without leaving in your orator's possession or 
within his reach the evidence ui)on which they have acted, and will de- 
prive him of all opportunity to have canvassed and considered ami 
applied to his benefit the ballots of persons of <.'o\ov that were cast for 
your orator, and afterward excluded t\om the count,. as well as all of 
said votes unlawfully refused to be received in the ballot-boxes, on ac- 
count, of race, color, and previous condition of servitude of the said 
voters, the full benefit of Avhich your orator is entitled. 

Your orator shows unto your honors that the character and provisions 
of the law of the State of Louisiana, concerning the organization of the 
house and senate of the geneial assembly, make the secretary of state a 
very important and resi)onsible ollicer. with great power to commit wrong, 
and thereby, if he be evilly disposed, as it were, to make and constitute a 
general assembly at his will; that for this reason the said defendant, 
H. C. AVarmuth, in order that he may get his aid in this respect, for the 
])uri)ose herein set forth, fraudulently pretends that the said Jack 
Wharton is secretary of state, and utterly ignores the right of the said 
defendant, Ikneo, to discharge the duties of said office, although the 
said Bovee was lawfully elected thereto, and has never been impeached 
or lawfully deposed from said ollice. 

And your orator further shows unto your honors that the said de- 
feiK^.mt, Warmoth. and his sfiid co-conspirators, well knowing that their 
said scheme is traudulent, despotic, and subversive of law and right, 
intend to carry the same out in all respects by force and fraud, if neces 
sary; that the said defendants, the board of metropolitan police and 
the said A. S. Badger, although in duty bound to maintain law and or- 
der, have yet been the willing agent of wrong in the hands of the said 



1 



CONDITION OF AFFAUiS IN LOUISIANA. 229 

(lefenclant, Warmoth, and, unless restrained by the order of this honor- 
able court, will unlawfully aid the said defendants, in the aecom- 
plisliment of said purpose, by force and violence. 

And your orator further shows unto your honors that all of said actings 
and doings are contrary to equity and good conscience, and are conceived 
and intended to deprive your orator of his said ollice, and are contrary to, 
and are in violation of, the provisions, guarantees, and terms of the acts 
of Congress adopted to enforce the fourteenth and tifteentii amendments ; 
and if said defendants are permitted to complete their said scheme, 
and unless the courts interpose to prevent the consumunition thereof, 
your orati)r will be deprived of all the protection intended to be guar- 
anteed by said acts of Congress. 

Wherefore your orator humbly prays that your honors will grant unto 
him all just and proper relief in the premises; that you will allow and 
grant unto him the most gracious writ of injunction issued under the 
seal of this honorable court, directed to the said defendant, Henry C. 
Warmoth, enjoining and restraining him from in any manner, directly or 
indirectly, by himself or through any other ofiQcer of the State, city, or 
parish, or through any other person, from controlling or attempting to 
control, interfering with, or attempting to interfere with, the organiza- 
tion of either branch of the general assembly of the State of Louisiana, 
called to assemble on the 0th day of December, A. D. 1872, or that may 
be called to assemble at any future day, and from directly or indirectly, 
either by himself or any other person, i^reventing any person claiming 
to be a member of said general assembly from havmg full and free in- 
gress and egress to and from the place, building, and room of that 
branch of said general assembly of which he may claim to be a member, 
or from issuing any written or oral order or instruction, request or di- 
rection, calculated or designed to directly or indirectly control or inter- 
fere -with the organization of either of the branches of said general 
assembly, or calculated or designed to prevent any person from liaving 
free access thereto, and from doing any act, or from giving any order, 
direction, or making any request which may, directly or indirectly, pre- 
vent or hinder any person from being present or taking part in the 
organization of said senate, called to convene on the said *Jth day of 
December, or at any future day, who may be returned as a member 
thereof by the board of returning-officers, composed of the said Henry 

C. Warmoth, George A. Bovee, James Longstreet, Hawkins, and 

Lynch, and whose name shall also be transmitted by the said 

(Jeorge A. Bovee, secretary of state, to Merritt, the secretary of the 

senate of the last generafassembly, and placed by the said Merritt upon 
the roll of said senate, so to be convened, and from in any manner, directly 
or indirectly, aiding or abetting any person who is not so returned by 
said returning-board as a member of said senate, so to be convened, and 
whose name is not so transmitted as a member elected to said senate 
and is not so placed upon the roll of said senate, from particii)ating in 
the organization of said senate, and from doing any act or from giving 
any order, direction, or making any request which may, directly or indi- 
rectly, prevent or hinder any person from being present and taking part 
in the organization of said house, called to convene on the said Uth day 
of December, or that may be called to convene at any future day, who 
may be returned as a member thereof by the board of returning-olhcers, 
composed of the said Henry C. Warmoth, George A. Bovee, -lames Long- 
street, Jacob Hawkins, and .lohn Lynch, and whose names shall also be 
transmitted by the said George A. Bovee, secretary of state, to ^ igers, 
the secretarv'of the house of the last general assembly, and ithued by 



230 CONDITION OF AFFAIRS IN LOUISIANA. 

the said Vigers upon tbe roll of said house, so to be convened ; aud from 
in an}- manner, directly or indirectly, aiding or abetting any person who 
is not so returned by said returuiug-board as a member of said house, so 
to be convened, and whose name is not so transmitted as a member 
elected to said house, and is not placed upon the roll of said house, from 
l>arti('ipating in the organization of said house, except that the said 
Henry C. Wurmoth is not hereby prohibited from i)articipating in the 
canvass and return of the members elected to the said branch of said 
general assembly, so to be convened, provided he do the same in 
conjunction with andin thepreseuceof said George A. Bovee, James Long- 
street. Hawkins, and Lynch, but not otherwise; and 

that he further be enjoined and restrained from in any manner ob- 
structing or hindering the said W. Yigers, clerk of the said house 
of representatives, or the said secretary of the senate, Charles 
H. ]\Ierritt, in the free and unobstructed discharge of their duties, 
or in full and complete obedience to the orders of the court, and from 
suspending, removing, them or either of them from office, or ai)point- 
ing or aiding or abetting any other person or persons to perform any 
act} which, by law or the orders of the court, devolved on either the 
said Vigers, Merritt, or upon George E. Bovee, secretary of state, and 
from recognizing any validity in aiiy act done or performed by any other 
person or persons pretending to act in the office or capacity of either of 
said officers; and that a writ of injunction may also issue, directed to A. 
vS. Badger and chief of metropolitan police, and to each memV)er of the 
board of metropolitan police, and to the board of metropolitan police, 
enjoining and restraining them and each of them from interfering 
in any manner with the organization of either branch of the gen- 
eral assembly to be convened on the 0th day of December, A. D. 
1872, or at uny time thereafter, except to preserve the peace, and 
to prevent no person from having access to either of the halls of 
said houses who is certified by (.reorge E. Bovee as being a 
member-elect of the same; and that writs of injunction also issue di- 
rected to the said E. Booth, A. Voorhies, A. J. Lewis, B. T. Jonas, L 
B. Stamps, i). S. Cage, K. C. AAliite, T. C. Anderson, J. M. Thompson, 
D. a. Weber, A. S. Herron, Jfobert Worrall, O, H. 15rewster, E. J.l. Gra- 
ham, J. W. :\IcDonald, A. H. Leonard, J. C. Packett, James G. White, 
J. T. Kellj*. enjoining and restraining them, and each of them, from par- 
ticipating in any manner in the organization of the senate to be con- 
vened on the 0th day of December, A. D. 1872, or at any time there- 
after, or from doing any act or thing toward, in, or about the organiza- 
tion of said senate, either by casting a vote, or otherwise, unless his name 
shall be and appear on the list of names of members of said senate, trans- 
mitted to the secretary of the same by George A. Bovee, secretary of state, 
having been elected thereto; and that a writ of injunction also issue to 
the said .1. J. ^Mellon, James Timonv, J. A. Shakspeare, J. A. Rice, and 
J. J. Finney, E. H. McCaleb, Charles Montaldo, >V. B. Barrett, W. L. 
Stanford, Y. 13. Blanchard, F. C. Zacharie, F. FusiHer, Y. O. Iving, 
A. Gavidee, L. S. Ifodriguez, John Barrow, John Dehuiey, William 
Stevens, W. C. Kinseller,C. Kummell, J. B. Eustis, J. McConnell, A. J. 
Dnpont, E. L. Borrans, E. Eiviere, P. Landry, C. A. Lew is, E. B. Cox, 
l!^uma Viras. T. J. Edwards, W. K. Johnson, T. L. ]\lills, and F. Bynum, 
J. S. Garderd, J. L. Lobdell, W. S. Cocheander, W. II. Scanlan,' L. P. 
Sandidge, J. C. Moncure, George L. Smith, J. Sella Martin, W. H. 
Kankman, Thomas J. Humble, Paul Jones, George C. Bonhand, Cane 
Sartain, Allen J. Davis, W. F. Moreland, Thomas Price, David Young, 
George Washington, J. P. Elam, A. F. Stephenson, John Gair, Janu^s 



CONDITION OF AFFAIRS IN LOUISIANA. 231 

Laws, Jaiues W. Arm stead, F. W. Xorris, J. H. Haduox, L. A. Snack, 
J. R. Cavanagh, E. A. Knbin, William Kerr, C. W. Lowell, J. D. Traliam, 
John S. Lillim, O, Havang-, T. G. Davidsoi), James II. MclJowell, C. C. 
Davenport, E. S. Pierson, \V. A. Ponder, W. T. Southard, ]). Hill, H. 
Mahonej-, J. P. Harris, L. B. Claiborne, L. Texadas, J. Swan, H. F. 
Vickens, J. F. Smith, E. N. ])ncros, M. Hahu, D. K. Oorman, Henry 
Demas, Benjamin P. Ganth, J. F. Little, E. J). Estilette, L. ]). Preseott, 
V. Ptochou, L. A. Martinette, Thonias (Jastello,*:M. J. Foster, J. G. Tate, 
J. Pr. Stenaut, J. S. Matthews, J. J. BDoles, P. Fontilien, J. P, Smart, 
A. C. Bickham, J. P. Schnltz, AVilliam A. Strong", enjoining and re- 
straining them, and each of them, from participating in any manner in 
the organization of the lionse of representatives to be convened on the 
9tli day of December, A. 1). 1872, or at any time thereafter, or from 
doing any act or thing toward, in, or about the organization of the same, 
either by casting a vote or otherwise, unless bis name shall be and ap- 
pear on the list of names of members of said house, transmitted to the 
clerk of tbe same by George A. Bovee, secretary of state, as having 
been elected to the same. 

And that a writ of injunction may also issue, directed to Charles H. 
Merritt, secretary of the senate of the last general assembly, enjoining 
and restraining him from placing, causing, or suffering to be placed 
upon the roll of the senate to be convened on the 0th December, A. D. 
1872, or at any time tbereafter, or from placiiig, causing, or suffering to 
be placed upon any list of members-elect to said last-mentioned senate, 
or from aunouncing, causing, or suffering to be announced as a member 
elected to said last-mentioned senate, or from recognizing, or causing, 
or suffering to be recognized as a member elected to said last-mentioned 
senate, or from in any manner designating, or causing, or suffering to 
be designated as a member of the said last-mentioned senate, prior or 
during the organization thereof, any ijersou whose name shall not be 
transmitted to him by George A. Bovee, the secretary of state, upon 
a list of the names of such persons as have been elected to the said 
last-mentioned senate, and from in any manner acting upon any other 
list, except the one so transmitted by the said George A. Bovee, in the 
organization of the last-mentioned senate, and to disregard in said or- 
ganization all other lists. 

And that a writ of injunction may also issue, directed to AYilliam 
Vigers, clerk of the house of representatives of the last general assem- 
bly, enjoining and restraining him from placing, causing, or suffering 
to be placed upon the roll of the house of representatives to be con- 
vened on the 9th of December, A. D. 1SG2, or at any time thereafter, 
or from placing, causing, or suffering to be placed upon any list of 
members elected to said last-mentioned house, or from announcing, 
causing, or suffering to be announced as a member elected to said last- 
mentioned house of representatives, or from recognizing, causing, or 
suffering to be recognized as a member elected to said last-mentioned 
house of representatives, or from in any manner designating, or caus- 
ing, or suffering to be designated as a member to the said last-mentioned 
house, prior or during the organization thereof, any person whose name 
vshall not be transmitted to him by George A. Bovee, the secretary of 
state, upon a list of the names of such persons as have been elected to 
the said last-mentioned house of representatives, and from in any man- 
ner acting upon any other list, except the one so transmitted by the said 
George A. Bovee, in the organization of the last-mentioned house of 
representatives, and to disregard in said organization all other lists. 

And that a writ of injunction also issue, directed to said George A. 



232 CONDITION OF AFFAIRS IN LOUISIANA. 

Bovee, enjoining' and restraining Litn from receiving any return or re- 
turns of the election of any State officers, or of the members of either 
branch of the general assembly of the State ot Louisiana, excepting 
such returns as may be received by or tiled in the office of him, as sec- 
retary of state, from the board of returning-officers, and a majority of 
the same, composed of Henry C. Warmoth, James Longstreet, and Jacob 
Hawkins, andJohn Lynch, and himself; and from delivering, causing, 
or fuifCering to be delivered to any speaker of the house of representa- 
tives any return, excei)t re(;cived and filed as above stated, of any elec- 
tion whatever, or from making, or causing, or suffering to be made any 
list of names 6f the members elected to either branch of the general 
assembly, except from and according to returns so received and tiled as 
above stated. 

That a writ of injunction also issue, directed to the said Jack Whar- 
ton and Samuel Armstead, and each of them, enjoining and restraining 
them and each of them from receiving any returns of the elections held 
in the State of Louisiana, on the first Monday of Xovember last past, 
for members of the general assembh', or from transmitting to William 
Vigers, the clerk of the house of representatives, or to Chas. H. Merritt, 
the secretary of the senate of the last general assembly, or to any other 
person, any list of names which is or i)urports to be a list of names of 
such persons as are the name of any jierson who, according to^any re- 
turns, shall haAC been or shall be stated, or claimed, or assumed to have 
been elected to either branch of the general assembly called to convene 
on the Oth day of December, A. D. 1872, or that may be called to con- 
vene at any future* time, or from making any statement or doing any- 
thing calculated or designed to furnish a basis for the organization of 
either of said branches of the said general assembly, or from delivering 
or interfering, conniving at or aiding, or suffering any other person to 
deliver to the speaker of the house of representatives, or any other per- 
son, any returns at any election whatever. 

And that writs of injunction may also issue, directed to the said 
Thomas Isabelle, P. S. Wiltz, J. S. Taylor, ,L E. Austin, and G. BeFer- 
rier; also issue against the said IL C. Warmoth, Jack Wharton, Frank 
H. Hatch, and Durant Da Tonte, comnmnding them and each of them 
to refrain and desist from pretending to act together as a board of re- 
turning-officers, or as rcturning-officers of elections, from canvassing or 
attempting to canvass or consider any certificate, document, affidavit, 
return, statement of votes, or any paper whatsoever properly relating 
to said election, and from attemi)ting to make a canvass, declare, or 
publish any ]u-etended deduction, calculation, statement, or proclama- 
tion based thereon, or pretended to be derived therefrom, in anj' way 
relating or pertaining to said election held on the 4th day of November, 
1871', or certifving to any candidate for office at said election any cer- 
tificate of election or any statement of the result of said election tend- 
ing to show any right to office in any person growing out of ballots cast 
at said election, and from meddling with, altering, suppressing, falsify- 
ing, obliterating, or destroying any document, paper, voucher, proof, 
statement of votes, or ceitificate relating to said election. 

And may it further please your honors to, in the first instance, grant 
and allow said orders and writs of injunction herein prayed tor 2)(')i(Iente 
lite ; and alter due proceedings had, may it further please your honors 
to order and decree that all of said writs of injunction, as above herein 
prayed for, be made peri)etual. 

Aiul your orator further shows unto your honors that he verily be- 
lieves the actings and doings of the saicl defendants, as herein set forth 



CONDITION OF AFFAIRS IN LOUISIANA. 233 

and complained of, are in all tilings unlawful, and arc conceived and 
carried on by said defendants for the sole purpose of overtlirowinji- and 
subverting the republican form of government guaranteed to the State 
of Louisiana by the Constitution of the United States. That said object is 
intended to be accomplished by depriving the said people of said State of 
the choice of its officers, by fraudulently disregarding the right of the duly- 
elected officers of said State of the right to administer the offices of said 
government, and substituting, by fraud and false certilicates and evi- 
dences and canvass, persons who have never been elected to positions 
of trust and office in said State, and to confirm said pretended title to 
office by destruction of evidence of the actual vote cast at said election, 
and that your orator verily believes that unless your honors imme- 
diately allow, on the filing of this bill, a restraining order, restraining 
the said defendants, and each and every one of them, from doing the 
acts for Avhich onr orator herein prays they may be restrained, your 
orator fears that, before the hearing and determination of a motion for 
an injunction, the said defendants will have completed their nnlawful 
scheme of fraud, and will have destroyed proof upon which your orator 
must rely to support his legal right to the seat of lieutenant-governor 
aforesaid, and your orator will be defeated thereby. Wherefore, your 
orator prays that your honors will grant and allow such restraining 
order, to the same range, effect, and extent as your orator has herein 
prayed ; that said several defendants may be restrained and enjoined, and 
that the said order be maintained in full force until your honors shall 
have heard and determined a motion or rule on said defendants to show 
cause why the writs of injunction herein prayed for should not be 
allowed. 

And may it also please j'Our honors to order and adjudge that 
the said defendant, H. C. Warmoth, within a period of time to be fixed 
by your honors, to make and deposit in this honorable court, in the 
office of the clerk thereof, full, true, and exact sworn copies of each and 
every paper, document, affidavit, tally-sheet, list, sworn statement, or 
certificate, or letter which he may have received or may have come into 
his possession from any commissioner or commissioners, or any officer, 
concerned in the control or management of said election, or who had 
any duties to perform in connection therewith, and from all supervisors 
or assistant supervisors of election, in any manner relating to said elec- 
tion, in order that the same may be beyond the power of destruction by 
the said defendant, Warmoth, and his said confederates, and in order 
that the same may be saved to your orator as evidence, to enable him to 
establish his right to the office as aforesaid in any judicial proceedings 
which he may be compelled to institute in this court to establish and 
vindicate the same, and that the same may be also preserved for use 
or proof in support of your orators bill in this behalf, and to estal)lisli 
his right to the relief by him herein and hereby prayed for ; and that tlie 
said evidence, documents, &c., to be produced remain on file in this 
court, in order that the same may be preserved as evidence in any 
action which your orator may be required to institute in this court to 
establish his right to said office. And may it please your honors to grant 
unto your orator the most gracious writ of subpama, under tlie seal ot the 
honorable court, directed to each and every of said defendants named lu 
the bill of complaint, commanding them, and each of them, to be and 
appear before vour honors on some day certain, to be named in said 
writs, then and there to make fnll and complete answers to all and 
singular the premises, (your orator hereby moving answers under oath 
by said defendants,) and stand to and debate all such orders and decrees 



234 CONDITION OF AFFAIRS IX LOIISIANA. 

as your honors shall deem fit to make in the premises. And that your 
honors grant unto your orator such other- and farther relief in the 
premises as to your lionors may seem meet and just and as eciuity may 
require : ami vour orator will ever pray. 

C. (!. ANTOINE. 
J. R. BPiCKWITH. 
E. C. BiLLT;vfGS, 

Counsel and Solicitor for Complainaiif. 

District of Louisiana, ss ; 

C. C. Antoine, complainant m the foregoing bill of complaint, being 
first duly sworn, deposeth and saith that the allegations and matters 
stated and set forth in said bill of complaint are true as therein set 
forth, except as to such matters as are therein set forth upon informa- 
tion and belief, and that as to all such matters he verily believes the 
same to be true as therein stated. 

c. c. a:ntoine. 

Sworn to iiiid subscribed before me this 7th day of December, A. D. 
1871i. 

E. n. DURELL, Ju(]ge. 



Circuit court of the United States in and for the district of Louisiana. 



C. C. Antoine 



} 



vs. \- No. 6S.51 — in equity. 

n. C. \YAR3I0TII bt als. ) 

Befitraining order. — I.ssued December 7, 1872. 

Whereas the plaintiff herein has this day filed and exhibited his bill 
of complaint against the said defentlent IL C. Warmoth, and the other 
defendants named in said bill of complaint, and has therein prayed that 
injunctions, ^eHr7en/e lite, issue against the defendants therein, and that 
a restraining order be also issued restraining the said defendants as 
])rayed for in said bill from doing or i^ermitting to be done the acts in 
said bill com]diiined of : 

Now, therefore, on motion of J. 11. Beckwith and E. C. Billings, solic- 
itors for comi)lainant, it is ordered that the defendants named in said 
bill do show cause on the 11th day of December, 1872, why injunctions, 
pendente lite, should not be allowed as prayed for. It is further ordered 
that said delemlants each and every one of them be, and are hereby-, 
commanded and restrained to the extent and effect as in said bill of 
complaint prayed [the clerk 7cill attach to this order a copy of the prayer 
for injunction as set forth in said hill of €omplaint\ until the hearing and 
determination of said rule for injunction, and until the further order of 
the court in the premises. 

E. H. DURELL, Judge. 

Atrue and correct copv of the original order on file in this cause. 

F. A. W00LFL1<:Y, Clerk. 

Wherefore your orator humbly i)rays,that your honor will grant unto 
him all just and proper relief in the premises; that you will allow and 
grant unto him the most gracious writ of injunction issued under the 



CONDITION OF AFFAIRS IN LOUISIANA. 235 

seal of this honorable court, directed to the said defendant, Henry C. 
Warmoth, enjoining' and restrainino- him from in any manner, directly or 
indirectly, by himself or throu.Qh any other ofticer of the State, city, or 
parish, or through any other person, from controlling or attempting to 
control, interfering with, or attempting to interfere with, the organization 
of either branch of this general assembly of the State of Louisiana, 
called to assemble on the 0th d;iy of IJeceinber, A. D. 1872, or that may 
be called to assemble at any future day, and from directly or indirectly, 
either by himself or through any other person, preventing any person 
claiming to be a member of said general assembly from having full and 
free ingress and egress to and from the place, building, and room of that 
branch of said general assembly of which he may claim to be a member, 
or from issuing any written or oral order or instruction, request or di- 
rection, calculated or designed to directly or indirectly c(»ntrol or inter- 
fere with the organization of either of tlie branches of said general assem- 
bly, or calculated or designed to i)rcven t any person from having free access 
thereto, who claims to be a member thereof, and from doing any act, or 
from giving- any order, direction, or making any request which may, 
directly or Indirectly, prevent or hinder any person from being present 
and taking part in the orgardzation of said sennte, called to convene on 
the said 0th day of December, or at any future day, mIio may be re- 
turned as a member thereof by the board of returning-officers, com- 
posed of the said Henry 0. AVarmoth, George E. Bovee, James Long- 
street, Jacob Hawkins, and John Lynch, and wliose name shall also be 
transmitted by the said George E. Bovee, secretary of state, to Charles 
H. 3Ierritt, the secretary of the senate of the last general assembly, and 
placed by the said Merritt upon the roll of said senate, so to be convened, 
ami from in any manner, directly or indirectly, aiding or abetting any 
jiersou who is not so returned by said returning-board as a member of 
said senate, so to be convened, and whose name is not so transmitted as 
a member elected to said senate, and is not so })laced upon the roll of 
said senate, from participating in the organization of said senate, and 
from doing- any act, or from giving any order, direction, or making any 
request which may directly or indirectly prevent or hinder any })erson 
from being present and taking part in the organization of said house, 
called to convene on the said 0th day of December, or that may be called 
to convene at any future day, who may be returned as a member thereof 
by the board of returning-otlicers composed of the said Henry C. War- 
moth, George E. Bovee, James Longstreet, Jacob Hawkins, and John 
Lynch, and whose name shall also be transmitted by the said George E. 
Bovee, secretary of state, to William Vigers, the secretary of the liouse 
of the last general assembly, and placed by the said William Vigers 
upon the roll of said house so to be convened, and from in any manner 
directly or indirectly aiding or abetting any person who is not so returned 
by said returning-board as a member of said house, so to be convened, 
and whose name is not so transmitted as a member elected to said house, 
and is not so placed upon the roll of said house, from participating in the 
organization of said house. 

Except that the said Henry C. Warmoth is not hereby prohibited 
from participating- in the canvass and return of the members elected to 
the said branches of said general assembly so to be convened, provided 
he do the same in conjunction with ami in the presence of said George 
E. Bovee, James Longstreet, Jacob Hawkins, and John Lynch, but not 
otherwise. And that he further be enjoined and restrained from in any 
manner obstructing or hindering- the said William Vigers, clerk of the 
house of representatives, or the said secretary ot the senate, Charles H. 



23 G CONDITION OF AFFAIKS IN LOUISIANA. 

Meriitt, in tlie free and unobstructed discharge of their duties, or in full 
and coinpk^e obedience to the orders of this court, and from suspending, 
removing them, or either of them from office, or appointing or ordering, 
or abetting any other person or persons to jterform any act which by law 
or the orders of this court devolves on either the said Vigers, Merritt, 
or ujton Cieorge E. liovee, secretary of state, and from recognizing any 
validity in any act done or performed by any other person or persons 
pretending to act in the office or capacity of either of said officers. 

And that a writ of injunction may also issue, directed to A. S. Badger, 
chief of metropolitan police, and to each member of the board of the 
nu'tropolitan police, and to the board of metropolitan police, enjoining 
and restraining them and each of them from interfering in any manner 
with the organization of either branch of the general assembly to be 
convened on the 9th of December, A. D. 1872, or at any time thereafter, 
except to i»reserve the peace, aud to prevent no person from having ac- 
cess to either of the halls of said houses who is certified by George E. 
Eovee as being a member-elect of the same. 

And tliat writs of injunction also issue directed to the said E. Bootb, 
A. Voorhies, A. J. Lewis, B. F. Jonas, T. B. Stamps, D. S. Cage, B. C. 
\N'hite, T. C. Anderson. J. M. Thompson, E. S. Weber, A. S. Herron, 
Bobert Worrall, O. H. Brewster, E. :\[. Graham, J. W. McDonald, A. H. 
Leonard, C. J. C. Puckett, James G. White, J. F. Kelly, enjoining and 
restraining them and each of them from participating in any manner in 
the organization of the senate to be convened on the 'Jth day of Decem- 
ber, A. D. 1S72. or at any time thereafter, or from doing any act or thing 
toward, in, or about the organization of said senate, either by casting a 
vote or otherwise, unless his name shall be and appear on the list of 
names of members of said senate transmitted to the secretary of the 
same by George E. Bovee, secretary of state, as having been elected 
thereto. 

Ami that a writ of injunction also issue to the said J. J, Mellon and 
James Timonv, J. A, Shakespeare, J. A. Rice, J. J. Finnev, E. H. 
.AlcCaleb, Chas. .Alontaldo, W. B. Barrett, W. L. Stanford. T. B. Blan- 
chard, jr., F. 0. Zacharie, F. Fusillier, V. O. King, A. Garidel, L. S. 
Koderiguez, John Barrow, John ])elaney, Wm, Stevens, W. C. Kinsella, 
C. Kummell, J. B. Eustis, J. McConneil, A. J. Dumout, E. L. Bowers, 

E. Eiviere, P. Landry, C. ]S^. Lewis, E. B. Cox, Numa Yives, T. J. Ed- 
wards, W. K. Johnson, T. L. Mills, T. Bynum, J. S. Gardere, J. L. Lob- 
dell, W. S. Cockernam, W. II. Scanlan, L. P. Sandidge, J. C. Moucure, 
(Jeo. L. Smith, J. Sella Martin, W. H. Kirkman, Thos. J. Humble, Paul 
Jones, Geo. C. Bonham, Cain Sartain, Allen J. Davis, AV. F. Morelaud, 
Thos. Price, David Young, George Washington, J. P. Elam, A. F. 
Stephenson, John Gair, Jas. Laws, James W. Armstead, F. W. Norris, 
J. H. Hadnot, L. A. Snaer, J. K. Cavannaugh, E. A. Hubin, Wm. Kern, 
C. W. Lowell, J. D. Trahau, John S. Billim,"^0. Ilarang, T. G. Davidson, 
James K. McDowell, C. C. Davenport, E. L. IMerson. W. A. Ponder, W. 

F. Southard, D. Hill, II. Mahoney, J, P. Harris, L. ]i. Claiborne. L. 
Texada, John ,L Swan, J. G. P. Hooe, E. W. Dewees, H. F. Vickers, J. 
F. Smith, B. V. Ducros; ]\r. Hahn ; D. K. Gorman, Henry Demas, Ben- 
jamin B. Gantt, J. F. Little, E. D. Estilette, L. D. Prescott, V. Bochon, 
L. A. jMartinet, James Costello, M. J. Foster, J. G. Tate, J. R. Stewart, 
J. S. ^lathews, J. J. Booles, P. Fonteliu; J. II. Smart, A. C. Bickham, J. 
I*. Schnltz, Wm. A. Stroug, enjoining and restraining them and each of 
them from participating in any manner in the organization of the house of 
representatives, to be convened on the ninth day of December, A. D. 1872, 
or at any time thereafter, or from doing any act or thing toward, in, or 



CONDITION OF AFFAIRS IN LOUISIANA. 237 

about the organization of tlie same, either by casting a vote or other* 
wise, unless his name shall be and a[)pear on the list of names of mem- 
bers of said liou.se transmitted to the clerk of the same by George E. 
Bovee, secretary of state, as having been elected to the same. 

And that a writ of injunction may also issue, directed to Charles H. 
Merritt, secretary of the senate of the last general assembly, enjoining 
and restraining him from placing, causing, or suffering to be placed upon 
the roll of the senate lo be convened on the ninth December, A. D. 1872, 
or at any time thereafter, or from placing, causing, or suffering to be 
placed upon any list of members-elect to said last-mentioned senate, or 
from announcing, causing, or suffering to be announced, as a member 
elected to said last-mentioned senate, or from recognizing, or causing, or 
suffering- to be recognized, as a member elected to said last-mentioned 
senate, or from in any manner designating, or causing, or suffering to 
be designated as a member to the said last-mentioned senate, ])rior or 
during the organization thereof, any person whose name shall not be 
transmitted to him by George E. Bovee, the secretary' of state, upon a 
list of the names of sucli persons as have been elected to the said last- 
mentioned senate, and from in any manner acting upon any other list 
except the one so transmitted by the said George E. Bovee, in the 
organization of the last-mentioned senate, and to disregard in said or- 
ganization all other lists. 

And that a writ of injunction may also issue directe<l to "\^'illialll 
Vigers, clerk of the house of representatives of the last general assem- 
bly, eujuiniug and restraining him from placing, causing, or suff'ering to 
be i)laced upon the roll of the house of representatives, to be convened 
on the ninth of December, A. J). 1872, or at any time thereafter, or from 
placing, causing, or suffering to be placed upon any list of members 
elected to said last-mentioned house, or from announcing, causing, or 
suffering to be announced as a member elected to said last-mentioned 
house of representatives, or^ from recognizing, or causing, or suffering 
to be recognized as a member ehM-ted to said last-mentioned house of 
representatives, or from in any numner designating, or causing, or suf- 
fering to be designated as a member to the said last-mentioned house 
prior or during the organization thereof any person whose name shall 
not be transmitted to him by (ieorge E. Bovee, the secretary of state, 
upon a list of the names of suck persons as have been elected to the 
said last-mentioned house of representatives, and from in any manner 
acting upon any other list except the one so transmitted by the said 
George E. Bovee in the organization of the last-mentioned house of 
representatives, and to disregard in said organization all other lists. 

And that a writ of injunction also issue directed to said George E. 
Jiovee, enjoining and reJstraining him from receiving any return or re- 
turns of the election of any State officers or of the members of either 
branch of the general assembly of the State of Louisiana, excepting 
such returns as may be received by or tiled in the ottice of him as secre- 
tary of state from the board of returning-otlicers, and a majority of the 
same, couiposed of Henry C. Warmoth, James Longstreet, and Jacob 
Hawkins, and John Lynch, and himself, and from delivering, causnig, 
or suffering to be delivered to any speaker of the house of representa- 
tives any return except received and tiled as above stated of any elec- 
tion whatever, or from making, or causing, or suffering to be made, any 
list of names of the members elected to either branch of the general 
assembly, except from and according to returns so received or tiled, as 
above stated. 

That a writ of injunction also issue directed to the said Jack W bar- 



238 CONDITION OF AFFAIRS IN LOUISIANA. 

ton and Samuel Armstead and eacb of tbem, enjoining and restraining 
them and each of them from receiving any returns of the elections held 
in the State of Louisiana on the first Monday of ]S^ovember last past, 
for members of the general assembly, or from transmitting to Wilbam 
Vigers, the clerk of the house of representatives, or to Charles H. Mer- 
ritt, the secretary of the senate of the last general assembly, or to any 
other person any list of names which is or jiurports to be a list of names 
of such persons, as on the name of any person who, according to any 
returns, shall have been, or shall be stated, or claimed, or assumed to 
have been elected to either branch of the general assembly, called to 
convene on the ninth day of December, A. D. 1872, or that may be 
called to convene at any future time, and from making any statement 
or doing anything calculated or designed to furnish a. basis for the or- 
ganization of eitlier of said branches of the said general assembly, or 
from delivering or interfering, conniving at, or aiding, or suffering any 
other person to deliver to the speaker of the house of representatives, 
or any otlier person, any returns of any election whatever. 

And that writs of injunction may also issue directed to the said 
Thomas Isabelle, P. S. Wiltz, J. S. Taylor, ,1. E. Austin, and G. de 
Ferriet ; also issue against tlie said H. C. Warmoth, rlack Wharton, 
Frank II. Hatch, and Durant Da route, commanding them and each of 
them to refrain and desist from pretending to act together as a board of 
returning-oCticers or as return ing-ofticers of elections, from canvassing 
or atteniittnig to canvass, or consider any certificate, document, attidavit, 
return, statement of votes, or any paper whatsoever properly relating 
to said election, and from attemi)ting to make a canvass, declare, or 
publish any ])retended deduction, calculation, statement, or proclama- 
tion based tliereon, or pretended to be derived therefrom, in any way 
relating or i)ertaining to said election, held on the fourth day of Novem- 
ber, 1872, or certifying to any candidate for office at said election, anj- 
certificate of election, or any statement of the result of said election 
tending to show any right to office in any person growing out of ballots 
cast at said election, and from meddling with, altering, suppressing, 
falsifying, obliterating, or destroying any document, paper, voucher, 
proof, statement of votes, or certificates relating to said election. 

I hereby certify that the foregoing is a true and correct copy of the 
complainant's prayer for injunction in his bill of complaint in the C"ause 
of Ciesar C Atitoine vs. Henry C. Warmoth et (//>;., No. G851 of the 
doctket of the circuit court of the United States for the district of 
Louisiana, referred to and made a part of the subjoined restraining 
order. 

t«i:AL.] F. A. \YOOLFLEY, 

Clerk. 

Jakuakv 3, 1873. 



United States of America, circuit conrt of the United States, fifth cir- 
cuit and district of Louisiana. 

Clerk's Offkje. 
1, Francis A. Wooltley, clerk of the circuit court of the United States 
for the filth circuit and district of Lt)uisiana, do hereby certify that the 
foregoing pages contain and form a full, complete, true, and perfect 
transcript of the record and prcceedings had, except entries from min- 
utes of continuances, &c., in the case of C. C. Antoine r.v. H. C. AVar- 



CONDITION OF AFFAIRS IN LOUISIANA. 239 

i 

moth et als., Ko. 6851 of the docket, so far as the same now remain of 
record or ou file in said court. 

Witness my hand and the seal of said court, at the city of New Or- 
leans, this 3d day of January, A. D, 1873. 

[SEAL.] ^ F. A. WOOLFLEY, Clerk. 



Circuit court of the United States, fifth circuit and district of Louisiana. 

William P. Kellogg ) 

vs. > In equity— No. G830. 

H. C. Wakmotii et als. ) 

Bill of complaint. 

District of Louisiana, ss : 

To the judges of the circuit court of the United States for the district 

of Louisiana: 
William Pitt Kellogg, of the city of New Orleans, a citizen of the 
State of Louisiana, brings this his bill against Henry C. Warmoth, 
Jack Wharton, Frank H. Hatch, Durant Da Ponte, and John JR-IIenry, 
all citizens of the State of Louisiana and inhabitants thereof, and 
against the New Orleans Eepublican Printing Company, a body-corpo- 
rate duly created and chartered by the laws of the State of Louisiana, 
and domiciled therein, publishers of the New Orleans liepnblican, a 
newspaper, being the official journal of the State of Louisiana, of 
which company W. E. Fish is president, and thereupon your orator 
comi>lains and says that in accordance with the constitution and laws 
of the State of Louisiana, a general election was held in said State, in 
all the parishes thereof, on the fourth day of November, in the year of 
our Lord 1872, at which election there were, by law, to be voted for and 
elected a governor and lieutenant-governor, as well as all otticers in the 
executive, judicial, and legislative departments of the government of 
the State of Louisiana ; that at said election your orator was duly 
nominated for and was a candidate for election by the sutirages of the 
lawful voters of said State, for the oflice of governor of said State ; that 
at the same election the said defendant John Mi-Enery was also a can- 
didate for election to the same oflice; that, according to the law of the 
State of Louisiana governing and controlling said election, no person 
was a qualified elector, or entiled to vote at said election, until he had 
been registered in a list of persons entitled to vote at said election ; 
that the provisions of the law of said State relating to registering, 
vested the appointment of the oflBcers Avhose duty, by law, it was to 
register all such voters, in said Henry C. Warmoth ; that at all times 
since your orator became a candidate for such election, the said Henry 
C. Warmoth, governor of said State, has repeatedly avowed his inten- 
tion to adopt and use all the means in his power, and to so exercise un- 
lawfully and extend his power and the i)ower conferred upon hinr by 
his position as governor, as to unlawfully defeat the election of your 
orator; that, for that purpose, in the apt)ointment of the supervisors 
of registration and the assistant supervisors of registration, he has so 
selected persons for the ofiice of supervisors and assistant supervisors 
of registration as to obtain persons pliable to his will and who would 
concur with and aid him in the execution of his unlawful plans and 



240 CONDITION OF AFFAIRS IN LOUISIANA. 

fraudulent devices ; to that eiul and for that purpose, your orator is 
advised, informed, and verily believes the said Henry C. Warmoth did 
especially make it a condition-precedent to the appointment of such 
officers, tliat they should, in all things, and by all unlawful means within 
their power, assist in the accomplishment of said ends ; and your orator 
further saith that one of the unlawful devices, plans, and schemes of 
the said defendant, Henry C. AVarnioth, was, through the instrumen- 
tality of his said oilicers and with their aid, and by the pretended aid of 
laws of the State, to deprive a large number of the citizens of the State 
of Louisiana, in all respects lawfully entitled to the franchise, by refus- 
ing to register the said citizens upon the list of registered voters, by 
reason of their race, color, and previous condition ; that in the execu- 
tion and carrying out of said scheme, a large number of citizens of tlte 
State who are colored, and who had been in a former condition of servi- 
tude, were so refused registration on various frivolous and unlawful 
pretexts and pretenses, amounting, as your orator verily blieves, to at 
least ten tliousan<l voters, (10,000;) that the said defendant, Henry (J. 
AVarmoth, adopted the means and devices aforesaid for the purpose of 
de})riviug said voters of their right of franchise as aforesaid, with in- 
tent thereby to prevent their ballots being cast for your orator, and 
thereby to defeat your orator's election to said office of governor ; that 
afterward, and when said supervisors of registration had completed, 
as they ])retended, the registration of the qualified electors of said 
State, and had succeeded in preventing the registration of a large num- 
ber of electors as aforesaid, and on the day of election, when said per- 
sons so refused registration as aforesaid ofl'ered to deposit their ballots 
for your orator in the ballot-boxes at the iilaces of election, they were 
also refused the right to deposit said ballots, to the injury of your 
orator; that your orator is in i)ossession of evidence to that fact, pre- 
served under the provisions of an act of Congress, approved May 31, 
1870, entitled "An act to enforce the right of citizens of the United 
States to vote in the several States of this Union, and for other pur- 
poses,'' and tbe acts amendatory thereto. Your orator herewith ex- 
hibits and files the said certificates and affidavits, with the ballots 
thereto attached, marked 1, 2, 3, 4, and avers that he is informed, and 
believes, that there are in evidence from three to five thousand docu- 
ments of the same chai'acter that have been in the same nuinner pre- 
served, with the ballots attached to said affidavit and certificates in 
which your orator was inckided by name as candidate for the office of 
governor of the State of Louisiana, and that the persons so offering to 
deposit said ballots were, in each and every instance, persons of color, 
^nd were refused the right of franchise on account of race and color. 

Your orator, further complaining, shows unto your honors that he 
has reason to believe, and verily does believe, and therefore avers, that 
the said defendant, Henry C. Warmoth, combining and conspir- 
ing with the supervisors and assistant supervisors of registration, by 
him so a])])ointed as aforesaid, has caused a dishonest, incorrect, and 
false count of the votes cast in the several parishes of said State at said 
election, and has falsified and caused false and untrue returns and cer- 
tificates of the result and .canvass of the votes cast in the several par- 
ishes in said State at said election, and that said count, convass, and 
certificates are so false and untrue for the reason that a large number 
of the ballots deposited in the ballot-boxes at said election by persons 
of color have not been counted aiul considered, the evidence thereof 
preserved and certified so that the same may be canvassed and consid 
ered by the returningofficers for elections in said State, and that he 



CONDITION OF AP^FAIR« IN F.OUISIANA. 241 

verily believes that the votes and ballots so suppressed were cast for 
aud in favor of yonr orator as governor of said State, and in all things 
sufficient to have elected him to said office. 

And your orator, further complaining, shows unto your hoTU)rs that, 
by the law of the State of Louisiana governing elections, it is nnide tlie 
duty of the supervisors or assistant supervisors of registration for the 
various parishes in said State, to inunediately, upon tlie <;lose of the 
polls on the day of election, and after the ballot-boxes had been by the 
comniissioners of election returned in due form of law to the supervisor 
of registration, to proceed, in the presence of the commissioners of elec- 
tion and three freeholders of the parish for each poll or voting place therein, 
to open the ballot-box and count the ballots therein and niake a lisiof all 
the names of the persons and officers voted for, the number of votes for 
each person, the numl)er of ballots in the box, the number of baUots re- 
jected, and the reason therefor ; that such statement is required to be 
made in triplicate, ami each copy thereof signed and sworn to by the 
commissioners of election of the poll and by the supervisor of registra- 
tion; that it is the further duty of said supervisor to inclose in an en- 
velope of strong paper or cloth, securely sealed, one copy of such state- 
ment from each poll, and one copy of the list of persons voting at sucli 
poll, and all memorauda and tally-lists used in making the count and 
statement of the votes, ami send such package by mail, plainly and 
properly addressed, the said defendant, Henry 0. Warmotb, governor 
of the State. 

And your orator, further complaining-, shows unto your honors that 
the law of the said State provides that the governor, lieutenant-gov- 
ernor, secretary of state, and John Lynch, and T. 0. Anderson, or a 
majority of them, shall be the returning-ofBcers for all elections in the 
State, a majority of whom shall constitute a quorum, and have power 
to make the returns of all elections; that in case of any vacancy by death, 
resignation, or otherwise, by either of the board, then the vacancy should 
be tilled by the residue of the board of returning-officers; that said law 
further provides that within ten days after the closing of the election 
said returning-officers shall meet in New Orleans to canvass and compile 
the statement of votes made by the supervisors of registration, and 
make returns of the election to the secretary of state, and they shall 
continue in session until such returns shall have been completeit ; that 
the governor shall, at such meeting-, open, in the presence of said re- 
turnuig-officers, the statements of the supervisors of registration, and 
that the returning-officers shall, from such statements, canvass and com- 
pile the returns of the election in duplicate ; that one coi)y of such re- 
turn shall be hied in the office of the secretary of state of said State, 
and of one copy they shall make public proclamation by i)rinting in the 
official journal, and such other newspai)ers as they may deem jn-oper, 
declaring the names of all persons and officers voted for, the number of 
v^otes for each person, and the names of the persons who have been law- 
fully elected ; the returns of the elections thus made and i)romulgated 
are, by said State law, declared to be prima facie evidence in all courts 
of justice, and before all civil officers, of the right of any person mimed 
therein, to hold and exercise the office to which he shall by sich returns 
be declared elected. 

Ami your orator further shows that, l)y the law of said State, the said 
board of returning-ofiicers are vested with full and competent authority 
and jurisdiction to examine into the truthfulness of any such statement, 
certihcate, or return, to hear testimony, require the [uoduction of papers, 
and to investigate into the fairness of the election in any of the several 

H. Ex. 91 IG 



242 CONDITION OF AFFAIRS IN LOUISIANA. 

parishes, polls, or election precincts in said State, and to determine 
whether persons who were by law lawfully entitled to vote at such elec- 
tion were deprived of or refused the right of franchise by reason of Ta<te, 
color, or previous condition, or otherwise; and if it appear that a sufficient 
number of the qualified electors entitled to vote at any poll or voting- 
place were refused the right of franchise unlawfully, so as materially to 
change the result of the election, said returning-officers are prohibited 
from canvassing or compiling the statement of votes of such poll or 
voting-place in their return, but are required to exclude it therefrom. 

Your orator, further complaining, shows unto your honors that ten 
days after said election and at the time when said returniug-board was 
by hnV lequired to meet, the same did so meet; that the defendant, Henry 
C. Warmoth, as governor Of this State, was i)resent at such meeting; 
that P. B. S. Pinchback, lieutenant-governor; Francis J. Herron, secre- 
tary of state, and John Lynch were also presiMit, constituting a majority 
of said board; that it was then and there determined that said P. B. S. 
Pinchback and T. C. Anderson, being candidates for office at said elec- 
tion and interested therein, were disqualified from acting on said board, 
thereby reducing the members of said board present to the said defend- 
ant, Warmoth, the said Francis J. Ilerron, and the said John Lynch, 
who still constituted a majority of said board; the said board then pro- 
ceeded by authority of law to fill said vacancies in said board and filled 
the same by the election of Jacob Hawkins and James Longstreet; the 
said board was thereupon pro]ierl\- organized to proceed to said canvass 
and were duly sworn according to law. 

And your orator further shows that said defendant, Henry 0. War- 
moth, pretending to be in possession of the returns of a large number of 
supervisors of registration, refused to oi)en said statements of the super- 
visors of registration in the presence of said returning-officers, being 
influenced in such refusal, as your orator verily believes, by the fear that 
said returning-board would make due and proper investigation of the 
truthfulness of said returns and statements, and that said scheme for 
excluding lawful ballots would be defeated, or that evidence of the 
frauds that had been so committed, and of the fact that a large number 
of persons had at such election offered to vote and had been denied the 
right to vote, contrary to the Constitution and acts of Congress, would 
he discovered and preserved in such form that the same could be used 
and of avail in any action or i)roceeding instituted by your orator to 
determine his right to the office of governor of said State, but the said 
Henry C. Warmoth made frivolous excuses for not discharging his said 
duty, and said board of returning-officers adjourned until the next day 
witliout any further action, when, in order to cover up and conceal said 
frauds and to prevent the proper legal canvass of said votes, the said 
defendant Henry C. Wormoth, without any legal authority or color of 
law, pretended to eject the said Francis J. Herron from the office of 
secretary of state, and with i'owte and arms attempted to take forcible 
possession of the records and archives of the office of secretary of state 
into his custody, and without warrant or color of law pretended to ap- 
point the said defendant. Jack Wharton, to the office of secretary of 
state, and that the said Jack Wharton, willing to aid in the said unlawful 
scheme, ])retended to be secretary of state, and, as such, a member of 
said rotiirning-board; that said defendant, Henry C. Warmoth, there- 
upon pretending that he had conferred the office of secretary of state on 
said Wharton, combined with said Wharton, and they together pre- 
tended to have elected as members of said returning-board the said 
defendants Frank H. Hatch and Durant Da Poute, and that although 



CONDITION 01'^ AFFAIRS IN LOFISIANA. 243 

tliey and all of thorn were woll aware, tliat all said aetinjj^s and doiiifrH 
were in all respects fraudulent and in violation of law, and that none of 
tlie said defendants exeept the said defendant Warnioth had any col- 
orable right to proceed to the canvass of said statenuMits, certiticates, or 
returns, and that he, the said Waruu)th, had lU) rif;ht to o|)en or submit 
the same to any persons other than the said Lyix-h, Hawkins, Lon^- 
street, and llerron, yet the said defendants Warnioth, Wharton, Hatch, 
and Da Ponte, in order to aid in snch scheme of fraud, pretended to be 
a lawful returning board ; that the said defendant Warmoth, as your 
orator is informed and verily believes, while refusing- to open and deliver 
said statements, certificates, and returns to said legal returning-olticers, 
who were organized and in actual session, has in fact opened and sub- 
mitted the same to said conspirators and intruders, excluding said 
lawful return in gotlicers from any canvass; that your orator believes, 
and therelbre avers, the fact to be that it is the intention ami deliberate 
]>lan of the said defendants aforesaid, pretending to act as returning- 
board as aforesaid, to make such pretended canvass of said votes as 
shall effect an apparent defeat of your orator and declare the said Mc- 
ICnery elected as governor of said State 5 that to produce said result 
they will give eifect to all su(;h fraudulent certiticates and returns as 
tend to produce such an eflect and tend to exclude from all considera- 
tion, count, or canvass, all votes of persons of color that have been sup- 
pressed or [)revented from being cast, and that it is their intention by 
such frauds to deliver to the pretended secretary of state such certifi- 
cate or return, or pretended result of their canvass, as will make it 
appear that your orator is defeated, and the said McEnery elected ; and 
that while their canvass or return, as your orator is informed, would be 
l)erfectly void in law, yet the same would embarrass, hinder, and delay 
liim in the prosecution of legal proceedings in this honorable court, to 
establish his rights to said otlice, to which he verily believes he is Justly 
entitled and to which he has been legally elected; that he is informed 
and fears that it is the intention of the said pretended returuing-board, 
also in fnrtherence of their said scheme, to destroy all of said returns 
or certiticates received from supervisors of registration, and thereby 
suppress and place beyond the reach of your orator evidence which will 
be important and indispensable in a prosecution of legal proceedings to 
establish his right to said office; that he verily believes that it is the in- 
tention of the said defendant, Warmoth, to place all said certiticates and 
returns of supervisors beyond the reach of the regularly constituted 
board of returning-officers, and thereby (lei)rive your orator of any 
legal official canvass of said votes and of the evidence that a just, 
honest, and truthful canvass of said votes would furnish, teiuliug to 
show his right to said ofhce of governor. 

And further complaining, your orator shows unto your honors that he 
is further informed and verily believes that the said defendant, ]\IcKneiy, 
is fully cognizant of said plans and schemes, and ai)proves the same, 
and is willing to aid in its accomplishment by pretending to believe that 
the result of such pretendrMl canvass, if thereby it is made to ai>i)ear 
that be lias received a majority of the votes cast at said election, would 
confer on him the right to said oflftce, and that your orator verily 
believes that it is the intention of said defendants to make a sham and 
fraudulent return and count, declaring the said IVrcEuery elected, and 
publish the same in the official Journal of said State, the New Orleans 
Republican, printed and issuetf by said defendant the New Orleans lie- 
publican Printing Company. 

And your orator, further complaining, shows unto your honors that 



244 CONDITION OF AFFAIRS IN LOUISIANA. 

all the said actings and doings are contrary to equity and gjood 
conscience; tbat your orator is entitled to the benefit of a canvass, by 
the legally constituted board of returning-otificers, and* that unless sai<l 
legal icturning-ofticers are ]»erniitted to act before said returns, state- 
ments, and certilicates of the .sui>ervisor of registration are destroyed, 
or ])laced beyond the reach of said legal board of retnrning-officers, 
evi<lciice necessary and important to your orator, and indispensable as 
proof of his right to said otlice, would be i)laced beyond his reach, and 
he will be deprived of his election to tlie office of governor of said 
State, by reason of the denial to citizens of tlje State who have offered 
to vote for your orator at said elec-tiou of the right to vote on account of 
their race, color, or previous condition, and of his inability to i)rove the 
said fact. 

And your orator, further complaining, shows unto your honors that 
he has reason to fear, and does lear, that the said defendants, i)reteud- 
ing iu the unwarranted manner aforesaid to act as a board of returning- 
olticers, will mutilate^ alter, and change said certificates in the further 
ance of their plan of fraud, and that the original certificates, returns, 
and statements of the supervisors of registration are important and 
necessary, and should be preserved in order to determine whether the 
same ha\ c been (-hanged, altered, or taiui)ered with, or supi)ressed, or 
considered, and in order that his right to said office of governor may 
not be impaired and, by the destruction of evidence, rendered impossible 
to be asserte<l by the proper action when the tin)e for the institution of 
such action shall arrive. 

And your oiator, further complaining, shows that, l)y the means afore- 
said and in the manner afcuesaid, the said Henry ('. Waiinoth, gover- 
nor of said State, by wholly and totally disregarding the laws thereof, 
and in defiance of law and with the intent to destroy aiul overthrow a 
reptd)lican foiiu of government in said State, has in fact directed the 
whole maehineiy of the State, aud all of the officers tlierein under his 
control, with the puri)ose and intent of defeating a. just and fair election 
and an honest aiul true return thereof, in order to defeat your oratoi', well 
knowing that your orator, if a just aiul fair election had been had and 
held, and a ti ne, honest, and fair canvass of the votes cast at such elec- 
tion ma<le, was legally elected to the oltice of governor of said State: 
aud the said ^Varmoth has endeavored and is endeavoring, with the aid 
of all of said defendants, to suppress and destroy all eviden(;e of such 
fiaud so completely that the same may be of no avail to your orator in 
asserting his right to said office ; that, unless the said defendants are 
restrained by the order of this honorable court, and are permitted to 
continue in said unlawful acts, your orator fears that his means of legally 
establishing his right to said office of governor will be jdaced beyond 
his reach and control long belbre the time when by law he can com- 
mence the i)roper judicial proceedings to determine and enlorce his title 
and right to said office. 

Wherefore your orator humbly prays that your honors will grant 
unto him all Just and proper relief in the jn-emises; that you will allow 
and grant unto him the most gracious writ of injuiu-tion, issued under 
the Ncal of this honorable court, directed to the said defendant, Henry 
('. Warmoth, enjoiiiing and restraining him from, in any manner, either 
directly or indirectly, pictending to consider or canvass any certificate, 
statement, or return of any snpervisor of registiation, except in the ju'e- 
s6nce of said legal returning-ofticeis, .loiin Lynch, Jacob Jlawkins, 
James Longstreet, and Francis J. Jlerron, and further comnianding 
him, the said H. CL Warmotli, to desist and refrain Irom submitting to 



CONDITION OF AFFAIK8 IN LOUISIANA. 245 

the said delendiuits, Jack Wharton, Frank 11. Hatcli, and Dnrant Dsi 
I'Dntc, or any or citbcr of tliein, citlior as inctcncU'd nicndu'is of any 
board of rctiirnin^^-ollici'r.s of elections or as individinds, any sucli state- 
ments, certificates, or returns, and furtiier enjoining- and commanding 
liim, tile said II. C. Warmotli, to desist from assisting-, aidin.i;-, abetting, 
or permitting any other person or ))ersons whatsoever othei- than said 
Lynch, Hawkins, Longstroct, and Herron, or their duly-cpialified suc- 
cessors, as returning-ollicers to inspect, consider, or have custody of or 
access to said statements, certificates, or returns of said supervisors of 
registration, or any other paper, document, aftidavit, or proof that may 
have come into the hands of tiie said H. G. Warinoth, or shall hereafter 
come into his hands, relating to said election or to the fairness or cor- 
rectness thereof, and \vhi(;h by law it is his duty to submit to the said 
legal board of returning-oflicers of elections, and which shouhl be prop 
erly considered by them ; anil that a writ of injunction also issue against 
tlie said H. 0. Warinoth. Jack Wharton, Frank II. Hatch, and Duraiit Da 
I'onte, (ommauding them and ea(;h of them to retrain and desist from 
pretending to act together as a board of returning-ofticers, or, as return- 
ing-ofjfieers of elecrions, from (canvassing or attemi)ting to canvass or 
consider any certificate, document, affidavit, return, statement of votes, 
or any pai)er whatsoever pro[)erly relating to said election, and from 
attempting to make a canvass, declare or publish any pretended deduc- 
tion, calculation, statement, or proclamation based thereon, or pretended 
to be derived therefrom, in any way relating or pertaining to said 
election, held on the 4th day of November, 1872, or certifying to any 
candidate for office at saitl election, any certificate of election, or any 
statement of the result of said election tending to show any right to 
office in any person growing out of ballots cast at said election, and 
fiom meddling with, altering, suppressing, falsifying, obliterating or 
destroying any document, paj)er, voucher, proof, statement of votes, or 
certificates relating to said election. 

That a writ of injunction may also in like manner issue, directed to 
the said ,lohn McEnery, restraining and inhibiting him from, in any man- 
ner, acting or pretending to act as governor of said State, and from 
making any pretension or asserting any claim to the oilice of governor of 
said State by virtue of any pretended evidence of election thereto under 
or by virtue of any certificate, document, or count, canvass, or adjudica- 
tion now or hereafter made by the said defendant, H. C. Warmoth,and 
the said defendaiits in this bill, charged to be unlawfully combined and 
conspired as returning-officers, that is to say, the sai<l II. C. Warmoth, 
Jack Wharton, Frank H. Hatch, Durant Da Poiite, oreither of them. 

And may it further please your honors to grant and allow also a writ 
of injunction, in like manner directed to the said New Orleans Kepubli 
can Printing Company, under whose control and direction the newspa- 
per called tiie New Orleans liepublican, the official Jowriial of the said 
State, whereof the said defendant W. J{. Fish is president, enjoining and 
restraining the said printing company from in any manner pul)lishing 
any official notive, statement, or document relating to any canvass or 
statement of votes made or pretending to be made or in any manner 
emanating from the said H. C. Warmoth and said Jack Wharton, Frank 
H. Hatch, Durant Da Fonte, or either of tiiem, as a pretending return 
ing board oi- returning officers of election in any manner relating to th»i. 
said election held on the said 4th of November, A. D. l-STi!. 

And it may further please your lionors to, in the first instance, grant and 
allow said orders and writs of injunction herein praye«l for pviuhnte 
lite; and after due j)ro(;eedings had, may it further please your honors. 



246 CONDITION OF AFFAIRS I.\ LOUISIANA. 

to oi-(l(*i- aii<l decree that all of said writs of iiijiiiictiou, as above herein 
pra.ved for, be made perpetual. 

And your orator further shows unto your honors that he verily be- 
lieves tiie actings aud doings of the said defendants, as herein set forth 
and complained of are in all things unlawful, and are conceived and 
carried on by said defendants for the sole pur[)ose of overthrowing and 
subverting the rei)ublican form of government guaranteed to the State 
of Louisiana by the Constitution of the United States ; that said object 
is intended to be accomplished by depriving the said people of said 
State of the choice of its officers by fraudulently disregarding the right 
of the duly-elected officers of said State of the right to administer the 
offices of said government, and substituting, by fraud and false certiti- 
cates and evidences and canvass, persons who have never been elected 
to positions of trust and office in said State, and to confirm said pre- 
tended title to office by destruction of evidence of the actual ^'ote cast 
at said election, and that your orator verily believes that, unless your 
honors immediatel\' allow, on the tiling of this bill, a restraining order, 
restraining the said defendants, and each aiul every one of th-^n, from 
doing the acts for which your orator herein prays they may be restrain- 
ed, your orator fears that, before the hearing and determination of a mo- 
tion for an injuncion, the said defendants will have completed their un- 
lawful scheme of fraud, aud will have destroyed proof upon which your 
orator must rely to support his legal right to the office of governor as 
aforesaid, and your orator will be defeate<l thereby. 

Wherefore your orator prays that your honors will grant and allow 
such restraining order to the same range, eftect, aud extent as your 
orator has herein prayed ; that said several defendants may be restrained 
sind enjoined, and that the said order be maintained in full force until 
your honors shall have heard an<l determined a motion or rule on said 
defendants to show cause why the writs of injunc;tion herein prayed for 
should Jiot be allowed. 

And nuiy it also please your honors to order aud adjudge that the 
said defendant, H. C. Warmoth, within a period of time to be fixed by 
your honors, do make and deposit in this honorable court, in the office 
of the (jlerk thereof, full, true, and exact sworn coi)ies of each and 
every paper, document, aflidavit, tally-sheet, list, sworn statement, or 
certificate, or letter which he may have received or may haVe come into 
his possession from any commissioner or commissioners, or any officer 
concerned in the control or numagementof said election, or who had any 
(hities to perform in connection therewith, and from all su[)ervisors or 
assistant supervisors of election, in any manner relating to said election, 
in order that the same nmy be beyond the i)ower of destruction by the 
said defendant, Warmoth, and his said confederates, and in order that 
the sanuMuay be saved to your orator as evidence, to enaole him to 
establish his right to the office of governor, as aforesaid, in any judicial 
proceeilings which he nmy be C()inpelle<l to institute in this court to 
establish au<l vindicate the same ; and that the same may be 
also preserved for use or proof in support of yowr orator's bill 
in this behalf, and to establish his right to the relief by him 
herein and hereby prayed for, and that the said evidence, docu- 
ments, &c., to be produced, remain on tile in this court, in order that 
the same may be preserved as evidence in any action which your orator 
may be recpiii'ed to institute in this court to establish his said right to 
said office. 

And nuiy it also please your honors to grant unto your orator the 
most gracious writ of subpaina, utuler the seal of this honorable court. 



CONDITION OF AFFAIRS IN F.OIJISIANA. 247 

directed to the said defendants, Henry C Warmoth, Jack Wharton, 
Prank H. Hatch, Durant Da Ponte, John McEner.y, and the said New 
Orleans liepnblicau Printing- Company, to be served on tlie said W. li. 
Fish, president thereof, commanding them and each of them to be and 
appear before yonr honors, on some day certain to be named in said 
writs, tiien and there to make full, ti'ue, and complete answers to all and 
singular the premises, and stand to and abide all such orders and decrees 
as your honors would deem fit, proper, and just in the premises. And 
that your honors grant unto your orator such other and further relief in 
the premises as to your honors may seem meet and Just, and as equity 
may require ; and your orator will will ever pray. 

WM. P. KELLOGG. 
J. R. Beokwith, 

Counsel and Solicitor for Gomplainant, 

District of Louisiana, ss : 

William Pitt Kellogg, being first duly sworn, deposeth that he is the 
complainant named in the foregoing bill of complaint ; that he knows 
the contents thereof; that the allegations therein contained are true, as 
he verilj' believes, except as to such allegations as are therein set forth 
upon his information and belief, and as to all such allegations he verily 
believes the same to be true. 

WM. P. KELLOGG. 

Sworn to and subscribed before me November IC, 1872. 

F. A. WOOLFLEY, 

United States Commissioner. 

Order. 



Let this bill be filed. 
November 16, 1872. 



E. H. DURELL, Judge. 



Order. 



Let the defendants herein be cited to show cause on the 10th instant, 
at 11 a. m., before this court, why injunctions pendente lite should not be 
issued, as prayed for in complainant's bill of complaint ; and in the mean 
time, and until the further orders of this court, let the restraining orders 
prayed for in said bill of complaint issue against said defendants in form 
and to the effect prayed for in said bill of complaint. 

E. H. DURELL, Judge. 

November 16, 1872. 

Marshal's return of service. 

Received November 16, 1872, by the United States marshal, and on 
the same day served copies of the within order, as follows: On H. C. 
Warmoth, by handing the same to him in person at the Saint Charles 
Hotel in thisV.ity; on Uurant Da Ponte, at the same time and place, and 
in like manner;' on John McEnery, by handing to him at Mcu-eau's res- 
taurant in this city ; on the New Orleans Republican Printing Comi)any, 
by handing the same to W\ R. Fishj the president of said company, at 



248 CONDITION OF AFFAIRS IN LOUISIANA. 

his office on Oami) street, near Poydras; on Jack' Wharton, by handing 
to him, in j)eison, at the Saint Charles Hotel ; and on the eighteenth day, 
same month and year, served copy on F. H. Hatch, by handing the same 
to him in person, at his oifice, o3 Caroudelet street. 

T. W. DeKLYNE, 
Deputy United States Marshal. 

Restraining order. 

United States of America, circnit court of the United States, fifth 
circuit and district of Louisiana, November term, A. D. 1872. 

New Orleans, Saturday., November IG, 1872. 
Court met pursuant to adjournment ; present, the Hon. E. H. Durell, 
district judge. 

William P. Kellogg ) 

vs. \ No. 6830. 

H. C. WAimOTH ET ALS. ) 

On motion of J. R. Beckwith, counsel and solicitor for complainant, 
it is ordered that H. C. Warmoth, Jack Wharton, Frank H. Hatch, Du- 
rant Da Ponte, ,Iohu M(;Enery, and the New Orleans Republican Print- 
ing Company, publishers of tlu' New Orleans Republican, a newspaper, 
being the official journal of the State of Louisiana, be enjoined and re- 
strained from in any manner, either directly or indirectly, i)ret(Miding to 
consider or canvass any certilicate, statement, or return of any sui)er- 
visor of registration except in the presence of the legal returning offi- 
cers named in the bill ol' complaint tiled this day, to wit: John Lynch, 
Jacob Hawkins, James Longstreet, and Francis J. Plerron ; and it is fur- 
ther ordered that the said H. C. Warmoth desist and refrain trom sub- 
mitting to the defendants, Jack Wharton, Frank H. Hatch, and Duraut 
Da Ponte, or any or either of them, either as pretended members of any 
board of returning officers of elections of the, State of Louisiana, or as 
individuals, any statements, certificates of returns, or pretended state- 
ments, certificates, or returns of election, and to desist from assisting, 
aiding, abetting, or i^ermitting any other person or persons whatsoever, 
other than John Lynch, Jacob Hawkins, James Longstreet, and Francis 
S. Iterron, or their duly-qualified successors, as returning-officers, to in- 
spect, consider, or have custody of or access to said statements, certifi- 
cates, or returns of said supervisors of registration, or any other paper, 
document, affidavit, or proof that may have come into the hands of said 
Warmoth, or shall hereafter come into his hands, relating to said elec- 
tion, or to the fairness or correctness thereof, and which, by law, it is 
his duty to submit to the said John Lynch, Jatiob Hawkins, James 
Longstreet, and Francis J. Herron, the said legal board of returning-of- 
ficers of elections, and which should be proi)erly considered by them. 

And be it further ordered that the said H. C. Warmoth, Jack Whar- 
ton, Frank H. Hatch, and Durant Da Ponte, and each of then], be com- 
manded and enjoined to refrain and desist from pretending to act to- 
gether as a board of returning-officers or as returning-officers of elec- 
tions, from canvassing, or attem[)ting to canvass, or consider any certifi- 
cate, document, affidavit, return, statement of votes, or any paper what- 
soever ])roperly nUating to said election, mentioned in the said bill of 
complaint, and from attemi>ting to make a canvass, to make, declare, or 
publish any pretended deduction, (jalculation, statement, or proclama- 



CONDITION OF AFFAIRS IN LOUISIANA. 249 

tioii based thereon, or pretended to be derived tlierefioni in nny way re- 
lating or pertaining to said eleetion, mentioned in tlie said bill of com- 
])laint, held on the 4th day of Novemoer, 1872, or certifying to any can- 
ilidate for oftice at said election any certificate of election or any state- 
ment of the resnlt of said election tending to show any right to office in 
any person growing ont of ballots cast at said election, and from med 
«iling with, altering, snppressing, falsifying, obliterating, or destroying 
any document, paper, voucher, proof, statement of votes, or certificate 
relating to said election. 

And it is fuither ordered that the said John McEnery be commanded, 
enjoined, restrained, and inhibited from in any manner acting or pre- 
tending to act as governor of the State of Louisiana, and from making 
any pretensions or asserting any claim to the office of governor of said 
State by virtue of any pretended evidence of election thereto under or 
by virtue of any certiticate, document, or count, canvass, or adjudica- 
tion, now or hereafter made by the said defendant, II. (!. Warmotli, and 
the said defendants, Jack Wharton, Frank H. Hatch, Durant Da Ponte, 
in this bill charged to be unlawfully combined and conspired as return- 
in g-officers. 

And it is further ordered that the said New Orleans llepublicun Print- 
ing Company, under whose control and direction the newspaper called 
the New Orleans liepnblican, the official Journal of the State of Lou- 
isiana, is published, whereof W. R. Fish is president, be enjoined and 
restrained from in any manner publishing any otlicial notice, tlocument, 
or statement relating to any canvass or statement of votes made or pre- 
tended to be made, or in any manner emanating from the said II. C. 
Warmoth and said Jack Wharton, Frardv II. Batch, Durant Da Ponte, 
(U- either of them, as a pretended board of returning-ofticers of elections, 
in anv manner relating to the said election held on the 4th day of 
November, A. D. 1872.' 

And it is further ordered that the said defendants, II, C. Warmoth, 
Jack Whaiton, Fraidc H. Hatch, Durant Da Ponte, John McEnery, ami 
the New Orleans Republican Printing Company, named in the bill of 
<;omplaint this day filed, be so commanded, enjoined, and restrained 
until the further order of this honorable court. 

AfarshaVs return of service. 

Received, November 17, 1872, by the United States marshal ; and on 
the same day served cojnes of the within order as follows: On H. C. 
Warmoth, by handing tlie same to him, in person, at the Saint Charles 
Hotel in this'^city ; on Durant Da Ponte, at the same time and place, and 
in like manner ;' on John McEuery, by handing to him at Moreau's res- 
taurant in this city ; on the New Orleans Republican Printing Company, 
by handing the same to W. R. Fish, the president i)f said company, at 
his office on Camp street, near Poydras; on Jack Wharton, by handing 
to him in person at the Saint Charles Hotel; and on the eightet-nth 
day of the same month and year, served copy on F. II. Hatch, by hand- 
ing the same to him in person, at his office. 33 Carondelet street. 

^ T. W. DfKLVNIO, 

Deimty United IStatcs Marshal. 



250 CONDITION OF AFFAIRS IX LOUISIANA. 

Motion to shoic cause for contempt of orders of court. 
Entered and filed November 19, 1872. 

Circuit eonit of the United States, district of Louisiana. 

vs. ^ No. 0830. 

H. C. Warmoth, ) 

On motion of J. R. Beckwith and William 11. Hunt, solicitors for com- 
plainant, and on su<j:^estin<i- to the court that the said defendants, H. C. 
Warmoth, Jack Wharton, Durant Da I'oute, and Frank H. Hatch, are 
and have been acting in contempt of orders of this court in this case, and 
in disobedience thereof, it is ordered that the said defendants above 
named do show cause on Friday, the 22d of November next, 1872, why 
they should not be punished for contempt of court, and that the com- 
plainant liave leave to file interrogatories addressed to said defendants, 
and each of them, touching" any disobedience of the orders of this court 
heretofore made in this cause, and that the said defendants be required 
to answer such interrogatories in writing, under oath, before touching 
any other proceedings in this cause. 

Marshalh return <f service. 

Keceived, November 20, 1872, by the United States marshal", and on 
the same day, month, and year served a copy thereof on Henry C. War- 
moth, Jack Wharton, and Durant Da Ponte, by handing the same to 
them, in person, in this citv. 

CHARLES R. STEELE, 

Deputy United States Marshal. 
November 20, 1872. 

I also served Frank H. Hatch with a copy hereof, on the 20th of No- 
vember, 1872, personally. 



November 21. 1872, 



C. R. STEELE, 

Deputy United States 31arshaL 



Affidavit of W. P. Kellogg. 

Filed November 10, 1872. 

Circuit court of the United States, district of Louisiana. 

W, P. Kellogg j 

vs. > In equity. 

H. C. Warmoth et als. > 

William P. Kellogg, being first duly sworn, deposeth and saitli that 
he is advised and informed, and thereby believes, that the said defend- 
ants, H. C, Warmoth, Durant Da Ponte, Ja(!k Wharton, and Frank H. 
Hatch, are now and at all times since the making ami service of the 
restraining order, issued in this cause, have been acting in disregard aTul 
in disobedience thereof, in contempt of the lawful orders of this court. 



CONDITION OF AFFAIKS IN LOUISIANA. 2.^)1 

and have aided, abetted, and countenanced the continued po.ssession, 
custody, and canvass of the returns, certificates of officers, connected 
with said elections by persons other than the said Lynch, Lougstreet, 
Herron, and Hawkins, and have in other material respects disobeyed the 
orders of this houorable court. 

WM. P. KELLOGG. 

Sworn to and subscribed before nie this 19tli November, 1872. 

J. W. GUKLEY, 
United States Commissioner. 



Affidavits of C. C. Anfoine and others, offered in evidence, November 2~>, 

1872. * 
United States of Amerkja, State of Louisiana, ss: 

This day personally appeared before me, the uudersijjued, clerk of the 
circuit court of the Uuited States for the fifth circuit and district of Loui- 
siana, C. C. Antoine, who, being duly sworn, deposes and says that he is 
a citizen of the United States, a resident and legal voter in the i)arish of 
Caddo, in said State of Louisiana; that he was in the i)arish of Caddo at 
a general election held on the 4th day of November, 1872, as State otlicers,^^ 
and electors for Presideut and Vice-President and members of Congress^ 
was voted for, and knows from his own knowledge ami fiom reliable infor- / 
matiou received from others, which he believes true, that more than five ' 
hundred colored voters, legally qualified to vote in said parish, were de- ) 
nied the right to vote, and were prevented from voting ou account o)^ 
their color and previous condition of servitude. 

C.C. ANTOINPl 

Sworn to and subscribed before me, November 18, 1872. 

F. A. WOOLFLEY, 
United States Commissioner. 



United States op America, Slate of Louisiana, ss : 

This day personally a])peared before me, the undersigned, clerk of 
the circuit court of the United States for the fifth circuit and district 
of Louisiana, Joseph B. Lott, acitizen of the United States, and a legally 
qualified voter of the parish of Rapides, in the State of Louisiaua; 
and that he was in said parish in the months of September, October, 

aud up to the day of November, 1872 ; that he is w\'ll acquainted 

with the voters of siiid parish ; that he attended various places ap- 
pointed to register voters in said parish in the months of Sei)tember 
and October, 1872, and he knows from his own knowledge, and from in- 
formation received from various sources, that he verily believes true, 
that the registrar of voters of said parish refused, and knowingly omit- 
ted, to register a large uumber of colored persons legally qualified to 
register and vote in said parish, to wit: fifteen hundred, on account of 
their color and former condition of servitude, and that numbers of per- / 
sons were by the wrongful and illegal acts aforesaid of said registrar^ 
deprived and denied the right of voting. 

JOSEPH B. LOTT. 

Sworn to aud subscribed before me, November 18, 1872. 

F. A. WOOLFLEY, 
United States Commissioner. 



252 CONDITION OF AFFAIRS IN LOUISIANA. 

United Sta'ies of America, State of Louisiana, ss : 

This (lay i)ersoiially aj)peare(l before me, the imdersij^netl, clerk of 
the eircuit court of the United States for the fifth circuit and district 
of Ijouisiaua. George Y, Kelso, a citizen of tlie United States, and a le- 
jrallv (lualilied voter of the parish of Rajiides, in the State of Louisiana, 
and that he was in said ])arish in the months of September, October, 

and nj) to tlie day of November, 1872 ; that he is well ac([uainte(l 

with the voters of said ])arish : that he attended various places appointed 
to register voters in said parish in the months of September and Octo- 
ber, 187-J, and he knows from his own knowledge, and from information 
received from various sources, that he verily believes trm?,that tlie regis- 
trar of voters of said parisli refused and knowingly omitted to register 
a hirge number of colored [)ersons legally qualified to register and vote 
in said parisli, to wit: fifteen hundred, on account of their color and for- 
mer condition of servitude, and that numbers of persons were, by the 
wrongful and illegal acts aforesaid of said registrar, deprived and de- 
nied the right of voting. 

GEORGE Y. KELSO. 

Sworn to and subscribed before me November 18, 1872. 

F. A. WOOLFLEY, 
United States Commisxioner. 



United States of Americ;a, State of Louifiiana, ss: 

This day, personally appeared before me, the undersigned, clerk of 
the circuit court of the United States for the fifth circuit district of 
Louisiana, Joseph ('onaughton, a citizen of the United States, and a 
legal qualified voter of thejiarishof Rapides, in the State of Louisiana: 
and that he was in said parish in the month of Se])teinber, October. 

and np to the day of November, 1872 : that he is well acquainted 

with the voters of said parish ; that he attended various places ap- 
pointed to register voters in said parish, in the months of September 
and October, 1872, and he knows from his own knowledge, and from in- 
formation received from various sources that he verily believes true, 
that tlie registrar of voters of said parish refused, and knowingly omit- 
ted, to register a large number of colored persons legally qualified to 
register and vote in said parish, to wit, fifteen hundred, on account of 
their color and former condition of servitude; and that numbers of 
persons were, by the wrongful and illegal acts aforesaid of said regis- 
trar, deprived and denied the right of voting. 

JOSEPH CONAUGHTON. 

Sworn to and subscribed before me November 18, 1872. 

F. A. AVOOLFLEY, 
United States Commissioner. 



United States of America, State of Louisiana, ss : 

This day personally appeared before me, the undersigned, clerk of 
the circuit court of the United States for the fifth circuit and district 
of Louisiana, Harry Lott, a citizen of the United States, and a legal 
qualified voter of the i)arish of Rapides, in the State of Louisiana; and 
that he was in said parish in the mouth of September, October, and ui) 



CONDITION OF AFFAIRS IN LOUISIANA. "IfC) 

to the (lay of November, 1872; tliat be i.s well acquainted witb 

the voters of said parish; that he attended various phices appoiided to 
register voters in said parish, in the months of Septend)er and October. 
187li, and he Icnows from liis own knowledi;e, and from information re- 
ceived iVom various sources that he verily believes true, tlmt the regis- 
trar of voters of said parish refused, and lviu)\vin,iilyonutted, to register 
a large numl)er of colored persons legally qualitied to legistcr and vote 
in said parish, to wit, tifteen hundred, ou account of their color and 
former condition of servitude; and that numbers of ])ersons were, by 
the wrongful and illegal acts aforesaid of said registrar, prevented and 
denied the right of voting. 

HAKRY LOTT. 

Sworn to and subscribed beibre me November IS, 1872. 

F. A. WOOLFLEY, 
United states CommtHHioiwr. 



DOCUMENTS 

Filed by complainant November 19, 1872. 

Minutes of proceedings of board of returning-o-fficers, State of Louisiana^ 
general election of 1872. 

FIRST DAY. 

New Orlj^ans, November 12, 1872. 
Board met in the governor's office. Mechanics' Institute. 
Present: Governor H. C. Warmotb, LieuteniintClovernor P. B. S. 
Pinch back, Secretary of State F. J. Herron, and John Lynch. Absent: 
T. 0. Anderson. 

No Judge being present' to administer the recjuired oath to the mem- 
bers of the board, after effecting an organization by ai>pointing (Jov- 
ernor Warmoth chairman, and John Lynch secretary, and alter some 
conversation as to the eligibility of Messrs. Pinchback and Anderson to 
serve on the board during the canvass of the i)resent election, both 
being candidates for office, tlie board adjourned to 12 o'clock m. to- 
morrow. 

JOHN LYNCH, 

tSecretary. 

SECOND DAY. 

New Orleans, November 13, 1872. 

Board met in the governors office at noon. 

Present: Governor Warmotb, Lieutenant Governor P. B. S. Pinch 
back, Secretary of State V. J. Herron, and John Lynch. Absent: T. ('. 
Auilerson. 

The minutes of vesterdav's meeting were read and approved. 

Chief Justice Ludeling being announced, was introduced and admin- 
istere<l the oath of otlice to (Jovernor Warmoth, Secretary ot State Her- 
ron, and John Lvnch. 

Lientenant-Govermn' Pinchback declined to be swurn in until the 
(piestion of his eligibility to serve was decided. 



254 COTS"i)ITIOX OF affairs in LOUISIANA. 

John Lyuch then submitted the followinsr resolution, which was 
adopted : 

" Whereas section 57, act No. 100, acts of 1870, states that should 
any of" the returning-officers named in this act be a candidate for any 
office at any election, he shall be disqualified to act as returning officer 
for that election." Therefore — 

Resolved, That Lieutenant-Governor Pinchback and T. C. Anderson, 
both candidates for election at this time, are disqualified to act as " re- 
turning-officers." 

Gn the adoption of the resolution, Governor Wariuoth had Mr. Jack 
Wharton called into the room where the board were in session, who, on 
entering, handed General Herron a paper which proved to be a notifica- 
tion that he (Wharton) had been appointed secretary of state, and that 
lleiron was removed. 

A commission, signed by Governor Warmoth, appointing Mr. Wharton 
to the oilice of secretary of state, was laid before the board ; also a cer- 
tificate from Auditor Graham, which the secretary did not read, but the 
purport of which was that General Herron was a defaulter to the State. 

Mr. Lynch protested against Mr. Wharton's taking a seat, aS he 
(Lynch) recognized General Herron as a de-facto officer until decided 
otherwise by regular judicial proceeding. General Herron moved, Mr. 
Lynch assenting, that James Longstreet and Jacob Hawkins be ap- 
l)ointed to the places made vacant by the dis(]ua!ification of Messrs. 
Pinchback and Anderson. 

Governor Warmoth moved that Dnrant Da Ponte and F. II. Hatch 
be appointed, aiul declared it carried, although Messrs. Lynch and Her- 
ron voted no. 

At this point Messrs. Durant Da Ponte andF. H. Hatch entered with 
Judge Cooley, who immediately commenced to administer the oath of 
offi(;e to them, whereui)ou Messrs. Lynch and Herron protested and 
withdrew. 

Messrs. Herron and Lynch, a majority of the duly-qualified membei'S 
of the board, having designated James Longstreet and Jacob Hawkins 
to fill the vacancies caused by the disqualification of Messrs. Pinchback 
and Anderson, addressed them notice of appointment. 

State of Louisiana, Parish of Orleans : 

I hereby certify that all the foregoing is a true and correct copy of 
the minutes of the proceedings of the board of returning-oihccrs of the 
State of Louisiana, commencing on page 1 and ending on page 3, fif- 
teenth line of the minutes-book of said board. 

JACOB HAWKINS, 

Secretary of the Board. 
New Orleans, Ao/-('/;</>«"r 18, 1872. 



Letter of General Longstreet to Governor Warmoth demanding the returns 

of election. 

Offered by complainant November 25, 1872. 

Mechanics' Institute, Kovemher 15, 1872. 
Sir: I have instructions from the State board of election returns to 
see that all election statements of the election of Noveuiber the 4th in 



CONDITION OF AFFAIRS IN LOUISIANA. 255 

tliia State are properly and promptly placed in the possession of said 
board. 

I must therefore ask that you place the same iu the possession of 
Assistant Deputy Marshal W. F. Loan, in order that he may deliv^er the 
same to Mr. John Lynch, president of the board. 

I am, sir, very respeetfullv, vour obedient servant, 

.IA:MES LON(iSTltI':ET,. 

Deputy ^Supervisor. 
Governor H. C. Warmoth, Present. 

A true copy : 

JAMES LONGSTREET, 

Deputy United IStates ISupcr visor. 



Answer of Governor Warmoth to General Longstreet demanding election 

returns. 

. Oft'ered by complainant j!!>rovember 25, 1872. 

State of Louisiana, Executive Department. 

New Orleans, November l.">, 1S7L'. 
Sir: In reply to your letter, just received, informing me that you 
have instructions to see that all election statements of the election of 
November 4th in this State ai-e j)roperly and i)romptIy placed in the 
possession of said board, and asking that I place the same in the pos- 
session of Special Deputy Marshal W. F. Loan, in order that he may 
deliver the same to Mr. John Lynch, president of the board, I have to 
say that I do not recognize your authority as deputy supervisor to make 
such demand, nor have I any knowledge of the existence of any such 
body as that presided over by Mr. John Lynch. The election returns 
received by me as president of the State board of canvassers are, and 
will remain, in the possession of myself as president of the State hoard 
of canvassers, in accordance with the law of the State, and 1 ahtne am 
authorized to hold and open them. 

Verv respeetfullv, vour obedient servant, 

* ' H. C. WARMOTH, 

Governor of Louisiana. 
General James Longstreet, 

Deputy United States Supervisor. 

A true coi)v : 

JAMES LONGSTREET, 
Deputy United States Supervisor. 



Petition. 

Offered by complainant November 25, 1872. 

Eight district court, parish of Orleans. No. 3550. State of Louisi- 
ana et al. vs. Franklin -J. Herron. 

To the honorable the Judge of the eighth district court iu and for the parish 
of Orleans, in the State of Louisiana : 
The petition of the State of Louisiana, represented by Simeon Ileldon, 



256 CONDITION OF AF-PAIRS IN LOUISIANA. 

attorney -general of said State, in his ofiScial capacity as aforesaid, re- 
spectfiiily re[)re8ents, upon tlie information of George E. Bovee, secre- 
tary of state of tiie State of Louisiana, who is joined with the State of 
Louisiana and made paity complaining and plaintiff herein, that said 
George E. IJovee was elected secretary of state of the State of Louisi- 
ana at tlie giMieral election held on the 17th and 18th days of A])ril, in 
the year A.l). 18GS. 

Tiiat the term of said office, under the constitution of the State of 
Louisiana, is four years, and the salary thereof three tliousand dollars. 

Now, })etitioner represents that said George E. Bovee, after his elec- 
tion as aforesaid, qualified as required by law, was commissioned by t':e 
goveruor of Louisiana, Henry O. Warmoth, assumed the duties of said 
offi(;e about the 15th day of June, A. D. 18GS, and continued to exercise 
and j)erforui the duties of secretary of state as aforesaid until the 29t\\ 
day of August, A, D. 1871, when he was forcibly ejected from the office, 
of secretary of state by Franklin J. Herron, a resident of the city of 
New Orleans, assisted by Superintendent Badger, Captain Edgeworth, 
and three other persons belonging to the metroi)olitan police of the city 
of New Orleans. 

That ha\ iiig (ejected said Bovee, secretary of state as aforesaid, the 
said I'^raukliu d. Herron took jiossession of the seal of the State of 
Louisiana, and the State archives, and all papers belonging to the State 
of Louisiana, which by law belong to the custody and keeping of the 
secretary of state. 

That said Franklin J. Herron has thus usurped, intruded into, and is 
now unlawfully holding and exercising the functions and duties of sec- 
retary of state of the State of Jvouisiana, a public officer created by the 
constitution of the State of Louisiana. 

That said Herron pretends to exercise said functions by virtue of 
autlu)rity from His Excellency H. (■. Warmoth, governor of the State of 
Louisiana. 

But petitioner avers that the term of office of George E. Bovee not 
having expired, and there being no vacancy therein, the governor 
of Louisiana was without authority of law to either remove or suspend 
said IJovee from the exercise of the functions and duties of said office. 

That said Bovee holds his office by virtue of his election thereto under 
the constitution of the Slate, and that his tenure of oftice does not de- 
pend upon executive will, but is fixed and limited by the organic law of 
the State of Louisiana. 

That said Bovee is the secretary of state as aforesaid, and entitled to 
exercise the duties and functions thereof. 

Betitioners further rei)resent that the amount of money in controversy, 
apart from the question of title to otJice, (,'xceeds the sum of five hundred 
dollars. 

Wherefore, the premises considered, ix'titioner prays that the said 
Franklin J. Herrou bedidy cited to appear and answer the allegations 
and demamls contained in this petition, and alter due ami legal pio- 
ceedings had, that there be judgnicnt in favor of plaintiff, decreeing 
George E. Bovee to be secretary of state of Louisiana, and as such en- 
titled to exercise all the functions aiul duties pertaining to said office, 
and entitled to the custody and keeping of the seal "of the State of 
Louisiana, with the archives, books, and papers belonging to said 
State, and that he be put iif possession thereof, and maintained in said 
oflice; and further, that said Franklin J. Herron be decreed to have 
usurped and intruded into said office of secretary of state, and as such 
is unlawfully holding and exeicising the fuuctious and duties of the 



coxj)rnox or affairs in loiisiaxa. '2')1 

office of secretary of state as aforesaid, a public office under the consti- 
tution of tlie State of Louisiana, and that he deliver the same to George 
1]. Bovee, with everything- pertaining thereto, and taken possession of 
as aforesaid. 

They pray for such other and further relief as may Ite necessary, and 
fur general relief in the premises. 

SIMEON BELDEN, 
Atfornet/ficncral of JjovlsUmn. 



Judfjiuenf. 

In this case, sul>mitted to the court for determination, after delibera- 
tion and for the reasons assi'gned in the written opinion this day delivered 
and fded, the court considering the law and the evidence to be in I'avor 
of the defendant — 

It is ordered, adjudged, and decreed that this suit be dismissed at the 
cost of the plaintilfs. Judgment rendered October 10, 1871, and signed 
October 20, 1871. 

CHAS. :\[. EMERSOX, 
Jt(d<je of the Third Bhtrict Court for the Parish of Orleans, 
Actiuf/ in the absence of the Hon. 11. C. Dibble, judge of thin court. 

A true co])v: 

o. :m. tennisox, 

Deputy Clerk. 



An.su-er. 

Eighth district court. Xo. 'SooiJ. State of Louisiana et als. vs. Frank- 
lin J. Herron. 

Filed Xovember 10, 1872, 

Xow comes the defendant, F. J. Herron, and for answer says that he 
denies all the allegations of plaintiff's petition not herein specially 
admitted. 

He avers that he holds the office of secretary of state by appointment 
of the governor of the State; that he was so appointed after the suspen- 
sion of the informer and plaintiff, George l'>. Lovee, by the governor of 
the State for malfeasance in office ; that the governor was empowered 
and authorized to make such susi)ension, and the a))poinlment of respon- 
dent, on the forowing grounds, and for the foKowing reasons: 

First. That the said George E. Bovee had Molaied iiic law and his 
oath of office in this, in taking a paper purporting to be the bill incor- 
l)orating the Crescent City Water Works Company, ])repared by Oscar 
J. Dunn, lieutenant-governor of the State, and ex-officio president of the 
senate of the State, and George W. Carter, speaker of the house of re- 
presentatives of the State, or by some other person to respondent 
unknown, and certitying that the same had been presented to the gov- 
ernor of the State for his approval on the twenty-tifth day of February 
L871, and that the legal time for the same had elapsed before the adjourn 
ment of the legislature of the State without the return of the same to the 
house in which it had originated, and that this the said I)ill had l)ecome a 
law without the approval of Mie governor, from lapse of time, when the 
said Bovee knew that such was not the fact, and that he was certifying 
H. Ex. 01 17 



•258 CONDITION OF AFFAIKS IN LOUISIANA. 

to that which he tcuew to be iiutrue, in this, that the said paper was not 
the bill passed by the legislature, enrolled by the proper comuiittee, and 
signed by the proper officers as such original bill, but that the same was 
an original })aper purporting to be a copy of the original from which it 
was not nnideand with which it was never compared. 

Second. That at the time he, the said Bovee, gave such certificate he 
knew that the original and only bill passed by the legislature was in the 
possession of the governor, who had refused to approve and intended to 
veto the same at the meeting of the legislature on the next meeting 
thereof. 

Third. That the said Bovee knew when he gave the same certificate, 
and so the fact is, that the said original bill was not presented to the 
governor for his approval five days before the adjournment of the legis- 
lature, and that the same was not entitled to become a law through any 
apiiroval or action of his whatever. 

Fourth. That the said Bovee certified that the said charter of the 
said Orescent City Water Works Company had become a law Avhen he 
knew that such was not the case, contrary to the will, consent, and ap- 
])roval of the governor, and with the fraudulent intent to injure the 
►State, and to endeavor to make that a law which did not have the legal 
sanction for that purpose. 

That the said im[)roper, illegal, and unjust conduct of said Bovee gave 
the governor, who is charged with the conservation and enforcement of 
the laws, the right to suspend him and put respondent in his place until 
the meeting of the legislature in January next. 

Wherefore respondent prays that plaintiti's petitition be dismissed 
and his demand rejected. 

SEMMES & MOTT, 
WM. GRAKT, 
Attorneys for Defendanin. 

A true copy. 

O. W. TEXXISOX, ncimiii Ckrk. 



Affidavit of John Lynch. 

Ofered by (.•omi)lainant November 1*3, 1S72. 

Eighth district court ibr the i;arish of Orleans. Xos. 13545, 1354:6. 

John Lynch, being duly sworn, says that the annexed document, 
nnirked A 1, is a true, full, and complete transcri[)t of the minutes of the 
board of returning-officers of the election of November 4, 1872, as held 
on the twelfth and thirteenth of November instant, and that all those 
minutes are a true, full, and complete record of e\'erything thafc trans- 
pired at the sessions held on those d.iys, and that no other business was 
transacted by the board of returning-officers on those days than is con- 
tained in said minutes, except that, after the adjournment of the board, 
a communication was addressed to Messrs. Longstreet and Hawkins, 
notifying them of their appointment, a copy of which is annexed as a 
part hereof, and nuuked A 2, and that they afterwards presented their 
respective oaths of office on the same day, hereto annexed as part hereof 
and marked A 3 and A 4. 

Affiant further swears that at the time of 'the administering of the 
oaths of office, as detailed in the minutes, to affiant, 11. C. AVarmoth and 
F. J. Herron, all three took the oath simultaneously. It was adminis- 
tered to them by Chief Justice Ludeling; that he was not present when 



CONDITION OF AFFAIRS IN LOIISJANA. 2')\^ 

any oath was administered to F. II. Ilateli or Diirant Da I'onte as re- 
turning-oflicors of election, nor did lie ever consent to recognize them 
or Jack AVIiiuton as such : that at the time he left the room wherein 
the meeting- was held, and as he was going out, there was the appear- 
ance of an oath being administered to :Messrs.Jlatch and Da I'onte, but 
the administering of such oath had not been completed ; that subse- 
<iueutly the board of returning-oflicers of election met, and by resolution 
requested the attorney-general to institute this suit, as will appear by 
copy of resolution hereto annexed and made part hereof, marked A 5. 

¥. J. Herron, being duly sworn, says that he has read the foregoing 
aftidavit of John Lynch, and that the same is true ; that it is untrue that 
he has been dei)rived of the seal of State, ov dispossessed thereof, but is 
still in possession of the same, and that said Jack Wharton has not 
been in possession of the ottice or rooms of the secretary of state's office, 
but that the same is, and has l>een, in possession of the police since the 
loth of November instant. 

A true copy. 

IIOBERT LYNXE, Dejniiij Clerl: 

Filed Xovember ID, 1S72. 



State of Louisiana, Executive Department, 

Keiv Orleans, November 13, 187i'. 

Whereas by an amendment of the constitution of the State, adopted 
at the general election held iN^ovember 70, 1870, it is provided that '' no 
person who at any time may have been a collector of taxes, whethei' 
State, parish, or numicipal, or who may have been otherwise intrusted 
with i)ublic money, shall be eligible to the general assembly or to any 
office of profit or trust," &c.; and 

Whereas official information has been received at this office that F. 
J. Herron is indebted to the State for moneys collected by him as tax 
collector in and for the sixth district, city of Is'ew Orleans : 

Now, therefore, T, Henry Clay Warmoth, governor of the State of 
Louisiana, charged with the faithful execution of the laws under the 
constitution of the State, and in due observance of the provisions of the 
amendments to the same, do issue this my order removing F. J. Ilerrou 
from the office of secretary of state, and do hereby appoint Jack Whar- 
ton to discharge the duties of said office. 

Given under my hand and the seal of the Stale this ir.th day of No- 
vember, A. D. 187li, and of the Independence of the United States the 
ninety-seventh. 

[SEAL.] H. C. WARMOTH, 

Governor of Louisiana. 

Y. A. Woodward, 

Assistant /Secretary of State. 

A true copy from the records oh tile in the office of the secretaiy of 
state. 

[SEAL.] Y. A. WOODWARD, 

Assistant JSirretari/ of St<ttc. 

A true copy of the document on file ii the suits 13545, 13540, of the 
docket of the'eighth district court for the i)arish of Orleans. 

i{OUT. LYXNE. JJqmty CUrl: 



2G0 COXDITIOX OF AFFAIRS IX LOUISIAXA. 

Affidavit of A. S. Badger, siqicrinfcndcnf of police 

Fik'd Xovc'iiiber 10, 1872. 
State of Louisiana, Farish of Orleans : 

A. S. Badger, superintomleut of police, aftcn' beiiig duly sworn, de- 
poses and says that he is not in possession of the office of secretary of 
state ; that none of his subordinates, or any member of the police de- 
partment, is in possession of said office; that Jack "Wharton is, to the 
best of his knowledge and belief, in possession of said office of secretary 
of state. 

A. S. BA])GER. 

Sworn to and subscribed before me this ISth dav of Xoveniber. A. D.. 
1872. 

CHxVS. S. RICE, 
United States Commissiojier, District of Louisiana. 



Circuit "court of the United States for the district of Louisiana. 

Wni. P. Kellogg vs. H. C.AVarinoth. Xo. (5830. 

Tersonally ai)i)eared Llenry C. Warnioth, made defendant in the 
above-entitled suit, who, being sworn, says tliat he is governor of the 
State of Louisiana;. that it is utterly untrue that he ever avowed or had 
the intention to use any of his powers unlawfully as governor of Louisi- 
ana to defeat tlie election of the conij)lainant, but that, on the contrary, it 
was always his purpose as it was his duty to use these powers to secure 
a fair exi)ression of popular sentiment at the ballot-box. 

That he did not select supervisors pliable to his will, as charged in 
the bill of complainant. Xor did he nmke any conditions precedent 
in the ai))>ointinent of said supervisors or other officers charged M'itb 
the conduct of said election. 

That it is untrue, as charged in said bill, that affiant had any con- 
nection with or knowledge of any ])lan to deprive a large number or in- 
deed any citizen of the right to register on account of race, color, or 
previous condition, or for any other cause. 

Affiant denies tliat by any scheme of which he has knowledge, or 
with which he had any connection, ten thousand voters, or indeed any 
number of voters, were refused registration or the right to \ote at the 
election which took place on the fourth day of Xoveniber last. 

lie denies that he adopted the nseans charged, or any other means 
whatsoever, to deprive voters of their franchise, and to defeat the elec- 
tion of coniphiiimnt by preventing their ballots from being cast. 

Affiant denies tliat ten thousand voters, or any inimber of voters, 
were refused registration through a.ny conspiracy to which he was a 
party, who afterwards offeied to vote for complainant, and were rel'used 
as charged. 

Affiant denies that complainant is in possession of any evidcp.ce, under 
act of thirty-first of May, 1870, or any other act amendatory tliereof, 
which goes to show that any of the complaints of said bill against af- 
fiant are true. 

lie denies that there are documents, having' the least truth in them, 
which show that from three to five thousand jiersons, or any number of 
persons, were refused their light either to register or vote, on account 
of race, color, or previous coii(Ution. 



CONDITIO?; OF AFFAIK'S IX LOUISIANA. 201 

lie denies that lie lias conspircil with supervisors or assistant super- 
visors of registration, to cause a dishonest, incorrect, and false count 
of the votes cast in the several parishes, or that he has caused false 
and untrue returns and certificates of the result and canvass of the 
votes cast in the several parishes as charged, by not counting" the bal- 
lots deposited by persons of color, or that any ballots cast for complain- 
ant, whether by colored or white persons, have been suppressed or not 
counted, Avith his knowledge or by his connivance or consent. 

Afdant denies that Jacob Hawivins or James Longstreet were ever 
elected members of the board of returning' officers, or that said persons 
were ever recognized upon said board, of which affiant is president. 

That it is utterly untrue, as charged, that affiant refuses to open the 
returns, iuliuenced by fear that the board of returuing-oflicers would 
make a true and proi)er investigation of the truthfulness of returns, 
and the scheme for excluding- ballots would be defeated, or that evidence 
of frauds that had been committed and of the fact that a large nuiriber 
of ijersons had at such eleetiou offered to vote ami had been refused, 
contrary to law and laws of the Uuited States, would be discovered and 
l^reserved in such form as that the same could be used and made avail- 
able in any action or iiroeeeding- instituted by complaina'.it to determine 
the right to otrice. 

Allot this is specially denied by affiant as without the least founda- 
tion or appearance of truth, as well as the charge that he caused an 
adjournment of the board of reiurning-officers for the purpose of con- 
cealing or covering up frauds, or to prevent the proper and legal can- 
vass, or that he ejected F. J. Herron from the office of secretary of 
state for the purposes charged. 

Affiant now denies that he is a party to any plan and scheme, or con- 
spiracy of any kind whatsoever, the object of which is to suppress or 
destroy, or place beyond the reach of the complainants, any documents 
or evidence of any kind relating to the election which might avail or 
aid the complainant in any suit he might have the right to bring, either 
before this or any other court of justice. 

Tliis deponent' says that said" F. J. Herron w^s appointed l)y this 
deponent, as governor of this State, in the year 1871, to discharge the 
duties of secretary of state during the suspension of George E. Bovee, 
who had been elected secretary of state at the general election of 18G8, 
and who was suspended by this deponent for malfe;\sance in office; that 
he removed said F. J. Herron from the discharge of the duties of sec- 
retary of state on the thirteenth of November, 1872, as he had a right 
to do; that at the meeting of the returning-officers of election, F. H. 
Hatch aud Durant Dd Ponte were duly selected returning-officers: that 
at said meeting Herron having been removed and Jack "Wharton^ aii- 
pointed secretary of stiite, this deponent, in the presence of said Whar- 
ton and Lynch, moved the appointment of said Hatch and Durant l>a 
Ponte as returning-ohicers, and said motion was put and declareil car- 
ried, the said Lynch not voting '\vea" or ''nay." 

This deponent further says that suits are now pending in the eighth 
district court, parish of Orleans, in which the said Longstreet, Hawkins, 
Lynch, and Herron claim to be the legal returning-officers, and that this 
suit is brought against said Wharton. Da Ponte, and Hatch, and this 
suit is undetermined, and a similar suit brought in said court by said 
Herrou against said Wharton, claiming the ofhce of secretary ot state, 
is pending already, as appears by copies of the petition in said suits 
herewith tiled. 

This deponent says that the complainant, at the time ol the clcclnm, 



262 COXDITIOX OF AFFAIRS IX LOUISIAXA. 

on tlie 4tli of^sToveinbor, 1872, and ever since, and now is, a Senator ot 
the United States. 

H. C. WAIJMOTH. 

Sworn to this 19th day of Xoveinber, 1872. 

JOHN I J. WELLEK, 
United States CommiHHioner. 



Petition. 

To the honorable the eighth distriet court for the parish of Orleans: 

The petition of the State of Lonisiana, on tlie rehition of the attorney- 
general, and on llie information of tlie retnrninf»-oi1icers of election, to 
wit, Henry <- AN'armoth, Frank J. llerron, John Lynch, James Long- 
street, and Jacob Hawkins, composing the board of said retnruing- 
orticers, respectfnlly represents, that the above-named retnrning-ofticers 
of elections are dnly (pialiiied as such for making the returns of the 
election held in this State on the 4th of November instant ; that Jack 
AYharton, F. IL Hatch, and Diirant Da Poute are pretending to be such 
returning-otllcers, and attempting to act as such, and are iuterfering 
with the above-named returning-ofticers of elections in the discharge of 
their duties as such oiliceis, and esi)ecially Avith Frank J. llerron, James 
Longstreet, ami Jacob Hawkins, and are intruding into and usurping 
the oHice of returning-olticers of elections of the State, contrary and in 
violation of law and the rights of petitioner. 

Wherefore, the premises considered, i)etitioner prays that said Jack 
Wharton, F. H. Hatch, and Durant J>a I'onte be cited to answer this 
petition, and thataftei'all due proceedings, tliey be decreed to be intruders 
into, and usuri)ers of, the olVice of returning-oi'licers of election, and that 
Fraidv J. Herron, James Longstreet, and Jacob Hawkins be decreed to 
be such returniiig-officers: and petitioners further pray for costs and all 
general relief. 

SIMEON B ELD EN, 

Attorney-General. 
A. r. Field and J. (^. A. Felloavs, if Counsel. 

A true copy: 

EGBERT LYNNE, 

Deputy Clerl-. 



Siq^plem entu 1 petitio n . 

Eighth distri(;t court, No. '.'5515. State of Louisiana, c.v rel. attor- 
ney-geneial, on information of F. J. Herron vs. Jack Wharton, F. H. 
Hatch, and Durant Da Fonte. 

The supplemental petition of the phiintifts herein respectfidly rep- 
resents — 

That all the allegations in the original ])etition are true, and, in addi- 
tion thereto, that theattem])tof thesaid defendants to act in the njanner 
alleged in said petition, ;ind to sit as the returning-ollieers of elections, 
and to act as such returning-ollieers, will <lefeat the object of this suit 
and render nugatory the Judgment therein ])rayed for, and that an in- 
junction is necessary to i)revenr such a defeat of the objects of this suit, 
and prevent the law and the right of the State and the parties in interest 
from being violated. 



CONDITIOX OF AFFAIRS IX LOUISIANA. 263 

Wherefore petitioner prays for a writ of iiijiinctiou ajiainst said Jack 
Wharton, F. IT. llatcth, ami DurantDa I^)nt(', cnjoininy- and restrainin;:;- 
them from in any way or manner, citlior directly or indirectly, sittin^or 
acting as return in, a-ofticers of elections, ami especially of the electi<m 
held in this State on the 4th day of November instant, or from in any 
manner interferini;' with the ret nrnin.u -officers named in this jx'tition, for 
whose benetit this suit is broujiht, and trom intruding into an«l usurping- 
the oflice of returning-ofticers of elections, and from in any way inter- 
rupting- or hindering- the returning-ollieers, and especially Frank J. 
Herron, James Long-street, and Jacob Hawkins, in the discharge or 
performing- the duties of such returning-otticers, and petitioner further 
prays that after all due proceedings this injunction be made perpetual, 
ami for costs and all u'encM'al relief. 

SIMON BELDEN, 

Aitorneii-dencnil. 

A. P. Field and A. Q. A. I^'i-^t/lows, of Coumel. 

Aftdavit 

Personally appeared the undersigned, who, being- duly sworn, says 
that all the allegations and statements of fact in the foregoing supple- 
mental petition are true, and that an injunction is mn'essarv. 

F. J. HEKRON. 

Sworn to and sul)scribed before me this 11th November, 1872. 

THOMAS lANNE, 

Clerl: 

Oyflcr. 

Let the defendants be ordered to show cause on Saturday, Novenilur 
K), 1872, at eleven o'clock a. m., why an injunction should not issue as 
witliin prayed for and according? to law. Meanwhile let the defendants 
l)e ordered to desist from the acts complained of until the hearing and 
determination of this rule. 

New Orleans, November 11, 1872. 

IIENKY r. DIF.ULE, 

Juflfjc. 

A true coi)v : 

KOBEltT LYNNE. 



SiippIcDioildl pet II ion. 

To the honoraJjlc the ciijhth dhtrict vourl for the parish of Orleans: 

The supplemental petition of the State of Louisiana, through Simeon 
Beldin, attorney-general, and of Francis J. Herron, secretary of state, 
ot the State of' Louisiana, with respect represents: 

That these i)roceeding-s have been taken and are had with the view ot 
miiintaining- the said Francis J. Herron, herewith signed with the State 
of Louisiana in ])ossession of the oftice of secretary of state, which the 
said Francis J. Herron is now legally and actually i)ossessing and exel^ 
eising-; that Jack Whai'ton, defendant herein, has threatened and is 
now attempting, in violation of the constitution and laws of the State, 
to take forcibUrpossession of the oflice of secretary of state of the State 



264 coxDiTiox or affaiks in Louisiana. 

of Louisiana, and is, by force and arms, asserting' a right to ])ossess and 
exercise tliat office; and that the said defendant. Jack Wharton, is 
furthermore attemi)tin<;-, illegally and unconstitutionally, to exercise 
certain of the functions pertaining to the office of secretary of state, 
which are not actually discharged in the office of secretary of state, 
especially the right to sit as a member of the returuing-board, organized 
for canvassing the returns of the general election under the act relative 
to elections in the State of Louisiana. 

The petitioner further represents: That, in order to i)reveut a viola- 
tion of the constitution and the laws, and in order to maintain the said 
plaintiff in the possession of said office ])ending these proceedings in 
conformity to the constitution and the laws, aud in order to i)revent the 
said Jack Wharton from asserting a right to, or attempting to obtain 
possession of, the said office of secretary of state, and iu order to pre- 
vent the said defendant from attempting to exercise any of the func' 
tions of the office of secretary of state, or doing any act pertaining to 
said office, and especially to prevent the said defendant from attempt- 
iug to exercise the duties of a member of the returning-board, under 
the law relative to elections iu the State of Louisiana, it is necessary 
that a writ of injunction issue, restraining the said defendant from at- 
tempting to assert a right to the office of secretary of state, or to exer- 
cise any of the functions of said oflice. 

"Wherefore, the petitioner pniys that the said Wharton be cited to 
answer this petition, that a writ of injunction may issue herein, enjoin- 
ing Jack Whavton, defeiulant herein, ivom attempting by any manner 
or form to obtain possession of the office of secretary of state of the 
State of Louisiana, and enjoining him, the said Jack Wharton, from 
asserting a right to the said oflice in any other maujier than by legal 
l^roceedings in accordance with hiw, and enjoining him, the said defend- 
aut, from exercising or attemi)ting to exercise any of the functions of 
the office of secretary of state, and especially enjoining him, the said 
defendant, from attempting to exercise or from exercising any of the 
functions pertaining to the office of secretary' of state, in connection 
with the canvass and returns of the general election held throughout 
the State of JjOuisiana,()n the fourth day of Xovember, eighteen hundred 
and seventv-two. The petitioner i)ravs for general relief and for costs. 

S. BELDEX, 

Attorncy-dcncral. 

J. Q. A. Fellows and A. P. Field, of CoumcJ. 

Affidavif. 

Personally appeared the uudersigned, who, being duly sworn, says all 
the facts and allegations iu the foregoing petition are true. 

F. J. IIEKKOX. 

Sworn toan<l subseriljcd before me this 14th dav of Xovember, 1872. 

KOBERT LY:X2s^E, 

Depufij ClcrJx-. 

Order. 

. Let this supplemental jjctition be tiled and the defendants cited. Let 
the defendants be ordered to show cause on Saturday, November IG, 
1872, at 11 o'clock a. m., why an injunction should not issue as within 
prayed for, and according to law. Meanwhile, let the defejidants be 



COXDITIOX OF AFFAIRS IX LOl'ISIANA. 205 

ordered to desist from lutliiiji' or assuming" to act as retiirninj^-oftleers 
until the lieariuji- and determination of tbis rule. 
Xew Orleans, Xovember 14, 1872. 

IIENIIY C. DIJiJU.i:, Judin. 
A true copy: 

EOBEllT LYXNE, 



^[_(}i(l<(i-it of If. C. ^Va)•moih and als. 

Offered by defendant November 25, 1872. 
To the IwnorahJe eighth district court for the parish of Orleans: 

The petition of the State, of Louisiana, throu.i;h Simeon Belden, at- 
torney-general, upon the information of Francis J. Herron, a resident of 
the city of Xew Orleans, Mith respect shows : That the said Francis J. 
Herron, joined witli the State of Louisiana, is legally entitled to pos- 
session, and is in actual possession of the office of secretary of state 
of the State of Louisiana ; that he is entitled to hold and to exercise 
the functions and duties of said office until his successor, elected at the 
general election held in the State of Louisiana on the fourth day of No- 
vember, 1872, shall have been lawfully inducted into the said ottice. 

The petitiomn- further represents that one Jack Wharton, a resident 
of the city of Xew Orleans, is illegally assuming to be, and is illegally 
asserting a right to the possession of the said oflice of secretary of state, 
in violation of the constitution and laws of the State of Louisiana; that 
the said Jack Wharton has no color of right or authority to possess or 
exercise the functions of the said office, or to possess the said office ; 
but that, nevertheless, he asserts himself to be, and assumes to be, sec- 
retary of state as aforesaid, and to that extent the said .lack ^Vharton 
is illegally and unconstitutionally usurping and intruding into the said 
office in violation of the constitution and laws as aforesaid. 

The State of Louisiana, by these proceedings, joins the said Francis 
J. Herron herewith, and prays that the said Jack Wharton may be cited 
to appear and answer tiiese proceedings, and that after all due and legal 
proceedings had. that he nmy be decreed to be usurping, intruding into, 
and unlawfullv assuming or asserting the right to exercise the functions 
of the office of secretary of state as aforesaid; and furthermore^ the 
petitioner i)rays that a judgment may be rendered in favor of the 
plain tiif and in iavor of thesaid Francis J. Herron, secretary of state 
as aibresaid, herewith joined with the State of Louisiana, decreeing the 
said Francis J. Herron" to be entitled to have and to hoUl the office of 
secretary of state, and to be entitled to exercise the functions of said 
office, and that the decree may be so rendered as to maintain him in 
possession of said office until his successor has bi-en inducted into office 
as aforesaid. 

The petitioner prays for all such further and general relief as the exi- 
aencies of the case mav demand, or the law warrant, and for costs. 

S. liFLDEX, 
Aitorncy-dcncral of Louisiana. 

A. P. Field and J..(,>. A. Fellows, 

0/ Counsel 

A true copv: 

liOBEKT LYNNE, 

Depiit;/ (Jlerlc, 



26(5 COXDITIOX OF AFFAIRS IX L0UI8IAXA. 

Affidavit of John McEnery. 

Ofteied by defendaDts November 25, 1872. 

United States circuit court for the district of Louisiana, Xo. 38G0. TTil- 
liani P. Kellogg vs. H. C. Warniotli ef ah. 

,Io!iu ^IcEiiery, made a defendant herein, being sworn, says: That he 
is not cognizant of any ])lan, or scheme, or doings, by any ])arty or})er- 
son intrusted by law with any duty connected with the said election of 
the fourth of November, 1872, by which any other than a legal result 
was to be nccomplished ; nor is he cognizant of the intention of any one 
to make a sham or fraudulent return or count; and he expressly denies 
that he has ever, or does now, approve any such attemi)ts or designs, 
as charged in the bill ; that he holds no oflice or commission, and has 
nothing whatever to do with any court or return or canvass of votes: 
but is an entire stranger to the official conduct or private acts of any 
person intrusted bv tlie laws with conducting said election. 

JOHN 3ICENEEY. 

Sworn to and subscribed before, me this 19th of November, 1872. 

F. E. YIXOT, 

United States Commissioner. 



Affidavit of Joel- Wluoton. 

(Offered by defendants November 25, 1872. 

Eighth district court. No. i;551-(). The State of Louisiana e.r reJ. at- 
torney-general vs. Jack AVharton et als. 

J. AYliarton, being sworn, says: That the facts set forth in the sub- 
joined official report of the board of returning-officers are true, and that 
the vote electing F. II. Hatch and Durant Da Ponte was taken in the 
l)resence of John Lynch, who did not vote either yea or nay, and that 
after said Hatch and Da Ponte were sworn in as members of said re- 
turning-board, F. J. llerron stated that the proceedings were irregular, 
and proi)osed to said Lynch that they should withdraw, and the said 
Lynch, a few moments afterward, did withdraw. 

Office Boatji) of Eetuexing-Officeks, 

Xcic Orleans, Xovcmher 14, 1872. 

The board met at 11 o'clock, Tuesday, November 12, 1872, at the 
governors parlor, in the State-house. 

Present, Messrs. AVarmoth, governor ; Pinchback, lieutenant-gov-- 
ernor; Herron, secretary of state, an<l John Lynch. 

JMr. Herron raised the question of the (lualitications of 31essrs. Pinch- 
back and Anderson to act as members of the board. 

Mr. Warmoth asked for time to examine the question, and for the 
presence of Mr. Anderson. 

After much debate, the board adjourned to meet at 12 m. November 
13, at the governor's otlice. 

At 12 m. the board met pursuant to adjournment. 

Present, Messrs. Warmoth, Lynch, Pinchback, and Herron. Chief 
Justice Ludeling api)earcd to swear in The members of the board, and 
each took the oath with the exception of Mr. Pinchback. 

On motion of Mr. Lynch, it was ordered that, for reasons of ineligi- 
biliry. ;\ri'ssrs. Pinchbeck and Aiulerson be not permitted to act as 



COXDITIOX OF AFFAIRS IX LOUISIAXA. 2(;T 

members of the board. Mi: riueliback asked tlie opinion ol' the ehief 
justice, who took the same view. ]\Ir. Pinehback ac<ini('sccd in tlie ac- 
tion of the board and withdrew- 

Mr. Jack Wharton then appeared and ])resenled a commission from 
the governor as secretary of state, exhibited liis oath of olhce as sec- 
retary of state and as a mend)er of the board, and took Ins seat. Mr. 
Warmoth moved that Frank II. Hatch and Durant DaTonte be elected 
to till the vacancies caused by the non-eligibility of .Alessrs. Pinehback 
and Anderson. Carried — Messrs. Warmoth and Wharton voting ay, 
and Mr. Lynch not voting. Messrs. Hatch and Ua Ponte were then 
sworn in by Judge Cooley and took their seats. At this point Cleneral 
Herron stated that the proceedings were irregular, and left the room, 
followed bv Mr. Lvnch. 

H. C. WARMOTH, 

President of the Board, dc 
JxiCK WHAETOX. 

Svcorn to and subscribed this KUh da v of November, 1872, before me. 

JOHN P. MOXTAMAT, 

Third Justice of the Fcacv. 

H. C. Warmoth, being sworn, says that he has read the foregoing 
affidavit, and the facts therein stated are true. 

H. C. WAR^MOTH. 

Sworn to and subscribed this IGth dav of Xovember, 1872, before me. 

JOHN P. MONTAMAT, 

lliird Justice of the Peace. 

George A. Sheridan, being sworn, says he has read the foregoing 
affidavit, and the tacts therein stated are true. 

GEO. A. SHERIDAN. 

Sworn to and subscribed this IGtli day of November, 1872, before me. 

JOHN P. MONT AIM AT. 

Third Justice of the Peace. 

United States of A:\ieiuca, District of Louisiana : 

Personally appeared Henry C. Warmoth, Jack Wharton, and George 

A. Sheridan, who, being severally sworn, declare aiul say that the l\icts, 

statements, averments, and certiticate on the lirst page of this sheet ot 

paper are true. , ,.^^„ 

^ ^ H. C. WxVRMOTH. 

GEO. A. SHERIDAN. 

JACK WHARTON. 

Sworn to and subscribed before me this 19th day of November, 1872. 

JOHN B. AVELLER, 
United states Commissioner. 



Alfidavit ofF. II. Hatch and Durant Da Ponte. 

Offered by defendants November 2r), 1872. , . , ., , 

r. H. Hatch, being sworn, says: That he was calh d nito the parlor 
of the governor's office at the State-house, at a meeting had there on the 



268 COXDITIOX OF AFFAIKS IX LOUISIANA. 

13tli XovembtT, 1872, of tlie returning'-officers of election uiidei' tlie 
State law, and was swoi'u ju as a lueuiber of said board in the presence 
of John Lynch and F. J. Herron, and no objection was made thereto by 
said John Lynch, and the deponent as well as Durant Da Ponte were 
sworn in by Jndge Cooley, 

After beinj; so sworji F. J. Herron appealed to John Lynch to with- 
draw. L^-nch replied " I don't know about that,'' or words to that ef- 
fect; but afterward, on the iiiiportanitv of said Herron, he withdrew. 

F. H. HATCH. 

Sworn and subscribed to before nie this 18th dnv of Xovember. 1872. 

' WM. GEANT, 
United ^States Commissioner, District of Louisiana. 

Dnrant Da Fonte, bein.u- sworn, snys : The facts set forth in the fore- 
^a,■oing• atUdavit of F. H. Hatch are tru(,'. 

DUE ANT DA PONTE. 

Sworn and subscribed to before nie this 18th diiy of November, 1872. 

WM. GPvANT, 
United States Commissioner J District of Louisiana. 



Ajjidavits of Jaclc VHtarton and IL C. V,'armoth. 

Oftered by defendants November 25, 1872. 

The defendant. Jack Warton, being duly sworn, says : 

First. That on the 13th of November, 1872, he was duly appointed by 
the governor of the State of Louisiana secretary of state in and for 
the State of Louisiana, as appears by his commission hereto annexed as 
part hereof. 

Second. That on the same day and prior to his said appointment he 
resigned the office of State assessor of the iifth district of the parish of 
Orleans, as appears by a certified copy of his resignation hereto an- 
nexed. 

T^ird. That on the same day this deponent took the oath of office 
prescribed by law, as appears by a certified copy thereof hereto annexed. 

Fourth. That prior to the appointuient of this deponent as secretary 
of state aforesaid, and on the same day, to wit, 13th November, 1872, 
the said Herron was removed by the governor of the State of Louisiana 
from the performance of the duties of the office of secretary of state, 
as appears by a copy of the order of renu)val hereto annexed as part 
hereof. 

Fifth. That said Herron was originally appointed to ])erform the 
duties of saiil office of secretary of state by the governor of the State 
of Louisiana in the idace of (jcorge E. Bovee, who had been elected 
secretary of state at the general election held in the year 1808, and who 
had been suspemled from the performance of the duties of said office of 
secretary of state by the governor of the State of Louisiana, as appears 
by a copy of the suspending order hereto annexed. 

Sixth. That this dei)onent on his appointment aforesaid took i)eace- 
nblc possession of the office of secretary of state, the seal of the State, 
and the archives of the office of secretary of state by virtue of said 
appointment, and holds the sanu', and proceeded to discharge the duties 



COXDITinx OF AFFAI1^S IX LOUISIAXA. •2G[) 

of said office, and the said Ilerrou does not now hold the ottice of secre- 
tary of state, or its seal, or its archives, nor was lie in possession 
thereof at the time the petitions were liled in these suits, 

Seventh. That in suit No. o.">."){> of the docket of the eighth district 
court for the parish of Orleans, the said ¥. J. Herron set up and relied 
on the suspending order aforesaid to maintain the validit.v of his appoint- 
ment aforesaid to discharge the duties of secretary of state as afore- 
said. 

JACK WIIAKTOX. 

Sworn and subscribed to before me this 18th day of November, 1871'. 

W.AL GIJANT, 

United States Co)]imis,sioner, Di.styief of Loui.sUina. 

H. C. Warmoth sworn, say.s that he has read tlie foregoing aliidavit 
and the facts therein stated are true. 

HP]X]1Y C. WAiniOTe. 

Sworn and subscrilied to before me this 18th day of November. 1871'. 

W]\L GRANT, 
United States Commissioner^ District of Louisiana. 



Affidavits of Wharto)!, Warmoth, <(nd Sheridan. 

Offered b^' defendants November 2.">, 187l\ 

J. Wharton, being sworn, says: That the facts set fort in the subjoined 
ofiicial report of the board of returning-offlcers are true, and that the 
vote electing F. H. Hatch and Durant ]3aPonte was taken in the pres- 
ence of John Lynch, who did not vote either yea or nay, and that after 
said Hatch and Da Poute were sworn in as members of said returning- 
board, F. J. Herron stated that the proceedings were irregular, and pro- 
posed to said Lynch that they should withdraw, and the said Lynch a 
few moments after did withdraw. 

JACK AVHAIJTON. 

Sworn and subscribed to before me this 18th day of November, 1872. 

W.^r. CKANT, 

United St((tes Co)nmissio)ier, Distriet of Louisiana. 

H, C. AVarmoth, being sworn, says: He has read the foregoing afti- 
davit, and the facts therein stated are true. 

H. C. WAKMOTH. 

Sworn and subscribed to before me this 18th day of November, 187l'. 

W^l. (HJANT, 

United Sfat<'s Commissioner. District of Louisiana. 

George A. Sheridan, being sworn, says: He has rrad the foregoing 
affidavit, and the facts therein stated are true, 

(iEOKGK A. SIIEKIDAN. 

Sworn and subscribed to before nu' tills 18th day of November. 187l'. 

\\y\. GKANT, 

United Sta'.es Commissioner, District of Jjnilsiinio. 



270 CONDITION OV AFFAIRS IX LOUISIANA. 

Order suspending Bovec and appointing Herron. 
Offerc*<l by defendants November 25, 1872. 

State of Louisiana, Exeoutiye DEPAirr:\iENT, 

Keic Orleans, August 29, 1871. 

AYliereas George E. Bovee, secretary of state, lias, in violation of the 
constitution and laws of this State caused to be promulgated as hav- 
ing become a law " An act to incorporate the Crescent City Water- 
Works ; to define its riglits and duties ; to punish offenses committed 
against the franchises of said company and the public health," with his 
oSicial certificate that the foregoing act having been i>resented to the 
governor of the State of Louisiana for his approval, and not having 
been returned by liim to the house of the general assembly in which it 
originated within the time prescribed by the constitution of the State 
of Louisiana, has become a law without liis approval. 

The said certificate having been made by the said Bovee with the 
knowledge, communicated by the governor of the State of Louisiana on 
the fourth day of May, 1871, that said bill would not become a law, or 
be acted ui)on, until the first day of the next session of the general as- 
sembly ; and 

Whereas the said Bovee has knowingly, willfully, unlawfully, and 
with the pur])ose of injposing upon the people of the State as law 
that Avhich he knows has not become law: 

In'ow, therefore, I, H, C. Warmoth, governor of the State of Lou- 
isiana, charged with the faithful execution of the laws under the con- 
stitution of the Stale, do issue this my order suspending the said G. E. 
Bovee from the ofitice of secretary of state, and do hereby a])point F. J. 
Herron to discharge the duties of said office until the legislature shall 
act upcii the subject in accordance with the constitution. 

Giv(n under my hand and seal this 20th day of August, A. 1). 1871, 
and of the Independence of the L'nited States the ninety-sixth. 

SEAL.J H. C. WAEMOTH, 

Governor of Louisiana. 

O. ]). BllACiDON, 

Private Secretary to Governor. 

A true copv from the records of the office of the secretarv of state. 

Y. A. WOODWAKD,"^ 

Assistant iSecrctarj/ of State. 



Ixemoval of llcrron and appointment of Wharton. 

Oftered by defendants November 25, 1872. 

State of Lox^isiana, Executive Depaiitment, 

Neic Orleans, yovemher 13, 1872. 
Whereas, by an amendment of the constitution of the State, adopted 
at the general election held November 7, 1870, it is provided that no 
person who, at any time, may have been a collector of taxes, whether 
State, parish, or municipal, or who nmy have been otherwise intrusted 
with public money, shall be eligible to the general asi^iembly, or to any 
.office of profit or trust under the State government, until he shall have 



CONDITION OF AFFAIRS IN LOUISIANA. 271 

obtiiiued adiscbarge for the amount of such collections, and for all i»iil)- 
lic moneys uitli M'hicli be may bave been intrusted; 

Aud wbereas official inibrmation lias been received at tliis office tbat 
F. J. lleiron is indebted to tbe State for moneys collected by bim as 
tax-collector iu and for tbe sixtb district of New Orleans : 

ifow, tberefore, I, Henry (May AVarmotb, governor of tbe State of 
Louisiana, cbarged witb tbe faitbful execution of tbe laws uiuler tbe 
constitution of tbe State, and in due observance of tbe i)r()visions of tbe 
amendments to tbe same, do issue tins my order removing V. .]. llerron 
from tbe office of secretary of state, and do bereby appoint Jack AVbar- 
ton to discbarge tbe duties of said otfice. 

Given under my band and tbe seal of tbe State tbis tbirteentb day 
of November, eigbteen bundred and seventy-two, aiul of tbe inde- 
peudence of tbe United States tbe ninetv-seventb. 

[SEAL.] "^ H. C. AVAiniOTH, . 

Governor of Louisiana. 

Y. A. AYOODAVAED, 

Assistant Secretary of State. 

A true copy from tbe original on tile in tbe office of tbe secretary of 
state. 

Y. A. WOODWARD, 

Assistant ^Serretari/ of State. 



Commission of 'I. Wharton. 

Offered by defendants. 
Tpie United States of A:\ierica, State of Louisiana : 

By Henry Clay Warmotb, governor of tbe State of Louisiana. 

In tbe name and by tbe autbority of tbe State of Louisiana, know ye, 
tbat I bave nominated, constituted, aud appointed, and by tliese pres- 
ents do nominate, constitute, and appoint Jack Wbarton secretary of 
state in and for tbe State of Louisiana. And I do autborize and em- 
power bim to execute and fnltill tbe duties of tbat oilice according to 
law, and to bave aud to ludd tbe said office, witb all tbe i)owcrs, privi- 
leges, and emoluments to tbe same, from and after tbe date bereof. 

In witness wbereof I bave bereunto signed my name and caused tbe 
great seal of tbe State to be affixed, at tbe city of New Orleans, tbis 
tbirteentb day of November, in tbe year of our Lord one tbousantleigbt 
bundred and seventy-two, and of tbe Independence of tbe United States 
of America the ninety-seven tb. 



By tbe governor : 
'y. a. Woodward, 

Assistant Secretary of State. 

A true copy : 



H. c. wae:motil 



A. WOODWAlfD. 

Assistant Secretari/ of Stafi. 



272 • (■f>Xl)ITIOX OF AFFAIRS IX LOnSIAXA. 

AXficlavif of 0. 1). Bracidon. 

Oifereil by (lefeiulaiits NovcMiiber 2,"), 1872. 

(). I). Jiragdon, private secretary of the governor, deposes and .says : 
That lie was present at the meeting of the board of retarning-oliicers, 
and during the wliole of the session on Wednesday, 13th November. 
That when the i)resident of the board put the motion to select Messrs, 
F. II. Hatch and Durant Da Ponte to fill the vacancies caused by the 
rejection of ^Messrs. Pinchback and Anderson, 3Ir. Warnioth and Jack 
Wharton voted ''yea," and tliat Mr. Lynch did not vote '-yea'' or "nay," 
but was silent during the vote. That Messrs. Hatch and Da Ponte 
were sworn in by W. H. Cooley, judge of the sixth district court of the 
parish of New Orleans, in the presence of 'Six. Lynch, who did not rise 
frouj his seat during that time, nor protest against the action taken, and 
that it w.as only after Messrs. Ilatch and ])a Ponte had taken their seats 
that Mr. Lynch was prevailed upon by the importunities of F. J. Herron 
to leave the board. That the said Lynch did so then, without any word 
of i)rotest against the action which had been taken by the board. 

The deponent further states, that ]\Ir. Lynch took with him the 
minutes of the previous day's proceedings, against the remonstrance of 
the g'overnor : that it is not true that a motion was made and put to 
elect James Longstreet and Jacob Hawkins. ]Mr. Herron attempted 
to make such a motion, but was interrupted in the midst of his attempt 
by the governor, and prevented from completing the motion ; nor did 
Mr. Lynch protest against the said Wharton taking his seat as secre- 
tarv of state or member of the board of canvassers. 

(). D. BKAGDOX. 

Sworn and subscribed to before me Xovember IS. 1872. 

W:\[. GEAXT, 
United Stdfcs Coitunis.sioncr, Di.sfricf of IjOuifii<t)ia. 



I 



AtfUlaril.^ of B. J\ lllanchnyd, ir. X. Catlin^ (ind 0. D. I>ra(/doii. 
Offered by defendants November 2,"), 1871'. 

State of Louisia]S'A, rarinh of Orlecois : 

The undersigned personally appeared before , who declared 

and said, that it is to their knowledge that since the appointment of 
.Jack Wharton to the office of secretary of state, the said Jack AN'har- 
ton has been in lull and complete possi-ssion of the s;iid office of secre- 
tary of state. 

That the i)olice of the metropolitan police district has not been in 
possession of said office, but that said Jack Wharton, by himself or his 
employes, has been in actual possession of said office, and all its 
archives, as well as the seal of the State. 

W. L. CATLIX. 

B. P. BLANCHAKl). 

().]). BPAGDON. 

Sworn and subscrilx'd to bel'oie me this ISth dav of November^ 
1872. 

WM. (IKAXT, 
United iStdtcs ConnnisHioner, Pistriet of Louiaiana. 



CONDITION OF AFFAIRS IX LOUISIANA. 2 To 

Affidavit of William H. Cooley. 

Offered by defendants November 25, 1872. 

State of Louisiana, Parish of Orleans : 

Before me, the undersigiied authority, personally api)eared William 
H. Cooley, who, after beiuf? duly sworn, deposes and says : That on 
Wednesday, 13th ISTovember, 1872, he was i)resent in the {govern- 
or's office, in the Mechanics' Institute, where the board of State can- 
vassers met; that it is to his knowledge that Governor Warmoth, 
during the sessions of the board, made a motion that Messrs. Durant 
Da Ponte and F. H. Hatch be declared duly appointed in the stead of 
Thomas 0. Anderson and P. B. S. Pinchback, both determined to be in- 
capable; that the said motion was put and carried ; that John Lynch, 
one of the board of canvassers, was present during the whole (if the 
proceedings, and, upon the motion aforesaid of Governor Waniiotli, did 
not vote, either in the negative or affirmative, but the motion having 
been carried, the affiant, in his judicial capacity, administered tlie oath 
of office to the said parties, to wit, Messrs. Durant Da Ponte and F. H. 
Hatch, who thereupon took their seats at the table occupii-d by the 
board of State canvassers. Deponent further swears that dining the 
whole of the above proceedings the said John Lynch was present, sitting 
at the head of the table, and only withdrew after the said Dai'onte and 
Hatch were regularly sworn and inductetl into office ; and deponent 
further swears that said John Lynch did not attempt to depart 
from the room until the said Hatch and Da Ponte were sworn in, 
seated at the table of the board of canvassers, and until the governor 
as president of the board had declared the said board organized aiul 
ready for bnsiness, and had proceeded to break oi)en some of the 
returns of the election; further, affiant says that the said John Lynch 
did not protest against the seating of Jack Wharton as one of the 
members of the board of canvassers. 

W. H. COOLEY. 

Sworn and subscribed to before me this ISth dav of November, 
1872. 

WJLLIA.AI GRANT, 
United States Commissioner, District of Louisiana. 



Affidavit of Y. A. Woodward and 0. D, Bragdon, 

Offered by defendants November 25, 1872. 

Y. A. Woodward, assistant secretary of state, deposes and says that 
he has been assistant secretary of state continuously for the past three 
months, and has had in his possession, as. such, the seal of the State of 
Louisiana; that he turned the said seal over to Jack Wharton, 
secretary of state, on Wednesday, 13th of the present month ; 
that the said seal was kept in the safe of the governor, except 
when in actual use, for safe-keeping; and that no other seal 
has been in use, as the seal of the State, during the time that he has 
H. Ex. 91 18 



274 CONDITION OF AFFAIRS IN LOUISIANA. 

been assistant secretary of state ; that it is not true, and cannot be true, 
that F. J. Herrou has the seal of the State in his possession. 

Y. A. WOODWARD. 

Sworn and subscribed to before me November 18, 1872. 

WILLIAM GRANT, 
United States Commissioner, District of Louisiana. 

O. D. Bragdon deposes and says: That the facts as stated above he 
knows to be true. 

O. D. BRAGDON. 

Sworn and subscribed before me this 18th dav of November, 1872. 

WILLIAM GRANT, 
United States Commissioner, District of Louisiana. 



Affidavit of John Douglas. 

Offered by defendants November 25, 1872. 

John Douglas, being duly sworn, deposes and says : That F. J. Herrou 
called on him on Friday, the eighth day of the presentmonth, and ordered 
him to make a seal of the State of Louisiana for the office of the secre- 
tary of state. It was to have been made by me and ready for delivery 
on the following Tuesday. General Herrou did not call on Tuesday, but 
did call on the following Thursday. He then demanded the seal, which 
I refused to give him, for the reason that I observed by the press that he 
had been removed from the office of secretary of state. He asked 
me if I did not know that I was liable for damages for my refusal, to 
which I resjionded that I was willing to take the responsibility. I still 
have the seal in my possession. 

JOHN DOUGLAS. 

Sworn to and subscribed before me this ISth dav of November, 1872. 

O. M. TENNISON, 
Deputy Cleric, Eighth District Court. 

Sworn and subscribed to before me this 18th day of November, 1872. 

WM. GRANT, 
United States Commissioner. 



Interrogatories to H. C. Warmoth, hy complainant. 

Filed November 20, 1872. 

Circuit court of the United States, district of Louisiana. In equity 
No. 0830. William P. Kellogg vs. IL C. Warmoth et al. 
And now coiiu'S the complainant herein, by J. R. Beckwith and Wil- 
liam H. Hunt, liis solicitors, aiul e.xliibits and tiles in court interrogatories 
to be answered by the said defendant, H. C. ^A'armoth, as directed and 
allowed 1\\ the order of this honorable court, requiring the said defend- 



CONDITIOX OF AFFAIRS IN LOUISIANA. 275 

ant to show cause why he shoiikl not be punished for contempt of the 
orders and authority of this honorahU^- court, as follows : 

Interrogatories propounded to the defendant, J I. C. Warinorh, under 
and in accordance with the order heretofore made in this cause, recjuir- 
ing him to show cause why he should not be punished for contempt of 
the authority of this court. 

First. On wliat day and at wliat liour of the day were you served with 
a copy of the restraining- order granted in this court ? 

Second. Had you any knowledge of the existence of said restraining 
order before the service of a copy of the same on you ? If yea, state the 
day and hour when you so became acquainted with the fact that said 
order had been allowed. 

Third. Had you at the time you first knew of the existence of said 
order in your possession any certificate, statement of votes made by any 
supervisor of registration or other otficer or officers of ehn-tion in any 
manner connected with an election held in the State of Louisiana, on the 
4th day of November, x\. D. 1872, and have you received any such 
document, paper, statement, or certificate since the service of said 
order ? 

Fourth. Have you, since the date of the service of, or of your know- 
ledge of, said restraining order, permitted or allowed any person, other 
than John Lynch, Frank J. Herron, James liongstreet, and Jacob Haw- 
kins, to see, inspect, have access to, read, or consult any pai)er, document^ 
return, or certificate alluded to or in any manner referred to in the said 
third above propounded interrogatory, or in said restraining order, or 
the bill of complaint in this cause? If yea, state the names of all such 
j)ersons, and why they had access to the said documents, and why and 
for what purpose you permitted such access. 

Fifth. Is it not true that you have allowed do(;uments, statements of 
votes, or other writings or statements referre<l to in the restraining 
order and bill of complaint herein, to remain in the i)ossession of per- 
sons claiming to act as clerks, servants, in counting or nniking a can- 
vass.relating to said election in any manner since the date of the ser- 
vice of said order on you and on your co defendants named in said 
order ? 

Sixth. Is it not true that you have publi(;ly stated, in the presence of 
divers persons, that you would pay as little heed to any restraining 
order or injunction issued from the circuit court of the United States as 
you would heed so much waste paper or an injunction from a justice's 
court, or words of like intent, meaning, and import ? 

Seventh. Is it not true that you have, on one or more occasions since 
the service of said restraining order, announced an intention to disre- 
gard and disobey the same ? 

Eighth. Is it not true that you have opened sealed or unsealed pack- 
ages containing statements of votes or other documents relating to an 
election held on the 4th day of November, A. J). 1872, the last general 
election since the service on you of a coi>y of the restraining order 
issued in this cause? If yea, state when, from what ofiicer or olllcers or 
person said document, package, and envelope came, and when and in 
whose presence the same was or were so opened, and who and what 
persons besides yourself have seen the same opened, or have seen any 
such documents. 

Ninth. Is it m)t true tlmt you have advised clerks, which you claim to 
have appointed in connection with .lack Wharton, Durant J)a I*onte, 
Frank H. Hatch, or any other person or persons claiming to act as 



276 CONDITION OF AFFAIRS IN LOUISIANA. 

returnins-officers of electiou, that the restraiuing order issued in this 
cause did not afiect them or any of them, and have you not permitted 
them, or some of them, to have custody of papers relating to said elec- 
tion, and had knowledge of the fact that calculations, counts, state- 
ments relating to said electiou have been made since the service of said 
restraiuing order? 

Tenth. Is it not true that you have, since the date of the restraining 
order in this cause, issued commissions to some officer or officers who 
was or were a candidate or candidates for election to office, either State, 
parochial, and municipal, at the election held in this State on the -Ith 
day of November, A. D., 1872 ! If yea, when did you issue such com- 
missions, to what person or ])ersons, and for what office or offices ? 

Eleventh. Is it not true that you have issued a commission to some 
person as sheritf of the parish of Orleans (either civil or criminal) who 
was a candidate for election at the last election in this State, the elec- 
tion referred to in the bill of com])laint in this cause ? If yea, state the 
name of the person or persons commissioned, the day and hour when 
such commission or commissions were delivered to such person or per- 
sons, and upon what evidence of election the same was or were issued 5 
state particulars in full. 

Twelfth. Have you done any act relating to said election referred to 
in the bill of com[)laint or tending to make known to you or any other 
person or i)ersons the result of said election since the service of the 
restraining order in this caused If yea, state what you have done or 
what you have any knowledge of having been done, in full detail and 
particulars. 

J. E. BECKWITH, 

Solicitor for Complainant. 

MarsliaVs return. 

Keceived by United States marshal November 20, 1872; and, on the 
same day, month, and year, served the within interrogatories on the 
within-named H. C. Warmoth, by handing the same to him, in person, 
at the Mechanics' Institute in this citv. • 

C. E. STEELE, 
Deputy United iS fates Marshal. 



Interrogatories to F. H. Hatch, Burant Da Ponte, and Jaclc Wharton, hy 

complainant. 

Filed November 20, 1872. 
Circuit court of the United States, district of Louisiana. In equity. 
No. G830. AVm. P. Kellogg vs. H. C. Warmoth et al. 

And now comes the complainant herein, by J. E. Beckwith and Wm. 
H. Hunt, his solicitors, and exhibits and tiles in court interrogatories to 
be answered by the said defendants, Jack Wharton, Durant Da Ponte, 
and Frank II. Hatch, as directed and allowed by the order of this hon- 
orable court, requiring the said defendants to show cause why they 
should not be punished for contempt of the orders and authority of this 
honorable court, as follows : 

Interrogatories i)ropounded to Jack Wharton, Durant Da Ponte, and 
Frank II. Hatch, under and by virtue of the order of the court requir- 



CONDITION OF AFFAIRS IN LOUISIANA. 277 

ing- them to show cause why they slionld not be punished for con- 
tempt of court for disobedience of its orders, and recpiired them to 
answer in writing, under oath, interrogatories propounded totliem. 

First. Is it true that you, any, all, or either of you, have acted with 
the defendant, H. C. Warmoth, as retnrning-officers to (canvass or coin- 
pde any of the statements of votes made by sn[)ervisors of registration 
about or concerning an election held in the State of Louisiana on the 
4th day of November, A. I). 187L> ? If yea, state the day and hour at 
which you first began so to a(;t, and the day and hour when you ceased 
to do any act as returning-oflicers, and severally state the day and tlie 
hour of the service of the restraining order in this cause on you respec- 
tively. 

Second. Have you, or either of you, at any time since you knew of 
the existence of said restraining order, done, either individually or col- 
lectively, with each or any of you, or with the defendant, II. C. War- 
moth, any act tending toward canvassing any statement of \ otes cast 
at the said election referred to in the bill of complaint? If .yea, state the 
date and full details and particulars of such act or acts. 

Third. Have yon, or either of you, seen, had access to, read, or in any 
manner had made known to you, or either of you, the import, contents, 
statement, or any deduction made from any statement of votes, ('ertiti- 
cate, or document relating to said election referred to in the bill of com- 
plaint herein, which should properly be canvassed by returning-othcer 
of election ! If yea, state what paper or document you have seen, 
Avhen, where, and by whose aid or connivance any such matter was made 
known to you. 

Fourth. Is it not true that you, and each of you, have been well 
aware that persons claiming to be clerks, appointed under alleged au- 
thority of the titty-tifth section of "An act to regulate the conduct and 
maintain the freedom and purity of elections," &c., approved March KJ, 
1870, and a law of the State of Louisiana, have had free access to papers 
and documents relating to said election of November I, 1872, and have 
been canvassing or examining the same since the date of the service of 
the restraining order in this cause ? If yea, state the names of such per- 
sons, and what they have done in that respect in full detail. 

Fifth. Have you, or either of you, approved, made, or assisted in 
making, or signed, countersigned, attested, or verified any statement of 
canvass or calculation of the votes cast or the majority of votes cast 
for any person who was a candidate for office at said election, showing 
or tending to show the election or defeat of any such candidate, or any 
commission issued to any such person or persons as an offit'er, State, 
parochial, or municipal? If yea, severally state in full detail the char- 
acter and date of all such act or acts. 

J. R. BECKWITH, 

iSolicitor for Comp ht in a n f. 

3IarshaVs return of service. 

Received November 23, 1872, by the United States marshal ; and, on 
the same day, month, and year, served each of the within-named per- 
sons with a copy hereof, personally, in this city. New Orleans. Novend)er 
22, 1872. 

CHAS. R. STEELE, 
Deputy United iState.s Martihal. 



278 CONDITIOX OF AFFAIRS IX LOUISIANA. 

Copy of record of suit No. 13545, in the eighth district court for the parish 

of Orleans. 

Offered by complaiiiaut ISTovember 25, 1872. 
To tlie lioiionible the eiglitli district court for the parisb of Orleans: 

The petition of the State of Louisiana ou the relation of tlie attorney- 
general, and on tbe inforniation of the returuiug-officers of elections, to 
wit, Henry C Warinoth, Frank J. Herron, Jobn Lyncb, Jaiui'S Long- 
street, and Jacob Hawkins, composing the board of said returning-offi- 
cers, res[)ectfully represents that the above-nanied returning-officersof 
elections are duly qualified as such, and for making the returns of tbe 
election beld in this State on the Ith of November instant ; that Jack 
Wharton, F. H. Hatch, and Durant Da Poute are pretending to be 
sucli returning-officers and attempting to act as such, and are interfer- 
ing with the above-named returning-officers of elections in the dis- 
charge of their duties as such officers, and especially with Frank J. 
Herron, James Longstreet, and Jacob Hawkins, and are intruding into 
and usurping the office of returning-officers of elections of the State, 
contrary to and in violation of law and the rights of petitioners. 

AVherefore, the premises considered, ])etitioners pray that said Jack 
Wharton, F. H. Hatch, and Durant Da Ponte be cited to answer this 
petition, and that after all due proceedings they be decreed to be in- 
truders into and usurpers of the office of returning-officers of elections, 
and that Frank J. Herron, James Longstreet, and Jacob Hawkins be 
decreed to be such returning-otlicers ; and petitioner further prays for 
costs and all general relief. 

SIMEON BELDEN, 

Attorney- General. 

A. P. Field and J. Q. A. Fellowes, of Counsel. 

Filed 14th November, 1872. 

KOBERT LYNNE, 

Deputy ClerJi'. 

Eighth district court. No. . State of Louisiana, ex. rel. attorney- 
general, on information F. J. Herron et als. vs. Jack Wharton, F. H. 
Hatch, and Durant Da Ponte. 

The supplemental petition of the plaintiffs herein respectfully repre- 
sents : 

That all the allegations in the original petition are true, and in addi- 
tion thereto that the attempt of the said defendants to act in the manner 
alleged in said petition, and to sit as the returning-officers of elections, 
and to act as such returning-officers, will defeat the object of this suit, 
and render nugatory the judgment therein prayed for, and that an in- 
jun(;tion is necessary to prevent such a <lefeatof the objects of this suit, 
and prevent the law and the rights of the State and the parties in inte- 
rest from being violated. 

Wherefore petitioner prays for a writ of injunction against said Jack 
Wharton, F. H. Hatch, and Durant T);i Ponte, enjoining and restraining 
them from in any way or manner, either directly or indirectly, sitting or 
acting as returning-otlicers of elections, and especially of the election 
held in this State on the 4th of November instant, or from in any man- 
ner interfering with the returning-oftieers named in this petition, for 
whose beneht this suit is brought, and Irom intruding into and usurp- 
ing the office of returning-othcer of elections, and from in any way inter- 



CONDITION OF AFFAIRS IN LOUISIANA. 279 

fering or hindering the returning-officers, and especially Frank J. Ilcnon, 
Jiinies Long-street, and Jacob Hawkins, in the discharge of, or tVoni their 
performing, the duties of sii(;h returning-omcers; and petitioner further 
prays that after all due proceedings this injunction be made perpetual, 
and for costs and all general relief. 

SIMEON liELDEX, 

Attoniey-General. 
A. P. Field and J. Q. A. Fellowes, of Counsel. 

Personally appeared the undersigned, who, being duly sworn, says that 
all the allegations and statements of fact in the foregoing supplemental 
petition are true, and that au injunction is necessary. 

F. J. HElfKON. 

Sworn to and subscribed before me this 14th November, 1872. 

THOMAS LYNNE, Clerk. 

Filed 14th November, 1872. 

KOBERT LYNNE, 

Deputy Clerk. 

Let the defendants be ordered to show cause on Saturday, November 
16, at 11 o'clock a. m., why an injunction should not issue, as within 
prayed for, and according to law. Meanwhile let the defendants be 
ordered to desist from the acts complained of until the swearing and 
determination of this rule. 

HENEY C. DIBBLE. Judge. 

New Orleans, November 14, 1872. 

Let writs of injunction issue, as within prayed for, without bond, the 
State being plaintiff. 

HENRY C. DIBBLE, Jiulgc. 
New Orleans, November 19, 1872. 

Eighth district court, Nos. 13545 and 13056. The State of Louisiana, 
ex. rel., «&c., vs. Jack Wharton. The State of Louisiana, ex. rel., &c., 
vs. F. H. Hatch, Duraut Da Ponte, &c. 

The defendants, for cause why the injunction should not issue in these 
cases as prayed for, and for answer to the rule nisi, say: 

First. The petition discloses no cause of action of which this court 
has jurisdiction. 

Second. The said Wharton, as appears by the affidavits on file, was 
duly ai)pointed to discharge the duties of the office of secretary of state 
during the suspension of George E. Bovee, and he is actually and peace- 
ably in the discharge of said duties now, and was so at the tinu' the 
petition and supplemental petition were tik'd. 

Third. That,asitap])ears by the affidavits on tile, the said F. II. Hatch 
andDurant Da Ponte were duly summoned to act asreturning-olUcers for 
the election held the lirst Monday of November, 1872, being the fourth 
day of said month, and qualitied as such, and their selection and appoint- 
ment are valid. 

Filed November 16, 1872. 

O. M. TEXXISOX. 

Deputy Clerk. 



280 CONDITION OF AFFAIRS IN LOUISIANA. ' 

Eighth district court, No. 13545. The State, ex. lel. attorney-geu- 
eral, vs. Jack Wharton. 

Now conies H. C. Warmoth, by his connsel, Setnmes and Mott, and 
moves to dismiss the proceedings taken in this case in his name and 
without his authority, he having never authorized the same. 

H. C. WARMOTH. 
SEMMES & MOTT. 

Not granted, but simply tiled by order of the court. 
Filed November 16, 1872. 

O. M. TENNISON, 

Deputy Cleric. 

Eighth district court. H. C. Warmoth et. ah. vs. F. J. Herron et. als. 

John Lynch, beiug duly sworn, says that he is the person named b}^ 
statute one huudred of the acts of 1870 as returning-otiicer of elections; 
that on Tuesday, November 12, 1S72, there met of the said returning- 
otiicers, in the parlor of the governor of the State, the following i)ersons : 
Henry C. Warnu)th, F. J. Herron, P. B. S. Pinchback, and affiant; that 
all four were mutually recognized as such returning-otticers, though the 
question was raised as to the eligibilitjof P. B. S. Pinchback, lieutenant- 
governor, to act at this election, he being a candidate, but no determi- 
nation was arrived at. No (juestion was made as to the qualification 
of the other three members of the board as immed above. The board 
proceeded to an organization by electing Governor H. G. Warmoth 
, and John Lynch, aftiant, secretary, when, there being no mag- 
istrate present to administer the oath of office required by the statute, 
the board adjourned to meet the next day at 12 m. at the same place. 
F.J. Herron during all this time was recognized by affiant and Governor 
Henry G. Warmoth as secretary of state, and. as such, as one of the return- 
ing-officers designated by law, and no question was raised as to his char- 
acter or status as su(;h returning-otficer; that on the next day the board 
met according to the above adjournment, the niembers present as be- 
fore, when, after discourse thereupon, the question of the eligibility of 
Lieutenant-Governor Pinchback was temi)orarily post[)oned, and the 
chief justice of the supreme court of the State, Hon. John F. Ludeliug, 
being present, he being requested, administered the oatli of office as re- 
turning-officers to H. G. Warmoth, F. J. Herron, and affiant. The oath 
was ailministered simultaneously to the three, each one rising from his 
seat and neither objecting to any other, but all at least tacitly consent- 
ing to the eligibility of each other as legally members of the board of 
returning-officers; each of the three members then resumed their seats, 
and without turning aside to any other business ])roceeded to act upon 
the eligibility of Lieutenant-Governor Pinchback, who, on motion of 
affiant, and by his vote and that of F. J. Herron, was declared ineligible 
by Governor IL C. Warmoth, the president of the board. From that 
moment the governor, H. G. Warmoth, did not leave the table nor sign 
any document removing F. J. Heri(ui from the office of secretary of 
state, nor any commission of Jack Wharton as secretary of state, until 
after the boar<l adjourned and until after the atliant had lelt the room 
with the miiuites of the i)roceedings of the board in his i)ossession, and 
which he took with him as secretary. That what followed in tlie proceed- 
ings of tiie board, and inmu'diattly alter the announcement of the re- 
sult of the vote on the motion of affiant declaring Liutenant Governor 
Pinchback ineligible as returning-ollicer of this election, is detailed in 
the minutes of the proceedings, hereto annexed and made a part, ujarked 



CONDITION OF AFFAIRS IN LOUISIANA. 281 

exhibit A ; that the governor, after receiving the vote of F. J. TTerrou 
as a member of the board of returuiiig ofticers, and after Joining with 
him in taking the oath of ottice liom the chief jnstice, did not sign any 
document removing F. J. llerron from oftice or appointing Jack Whar- 
ton to office until after the board adjourned ; that what he may liave 
done subsequently in that regard attiantdoes not know ; that the motion 
■was made by F. J. Herron and voted for by him and atliant, appointing 
James Longstreet and Jacob Hawkins returning officers as detailed in 
the proceedings, exhibit A ; that affiant did vote loudly, No, on tlie 
motion of Governor Warmoth to appoint Durant Da Ponte and F. 11. 
Hatch as returning-officers of elections, and that Jacob Wharton did 
not vote,he never having taken the oath of office as returning-officer, had 
he even been secretary of state ; that he did not take such oath in 
the presence of the board, nor was ever any certificate of such oath ex- 
hibited to the board. Affiant further says that it is not true that the oath 
of office had been administered to Durant Da Ponte and H. II. Hatch 
as returning-officers before he left the room, or that they had taken their 
seats at the board; that the board adjourned wdiile Messrs, Da Ponte 
and Hatch were holding up their hands, and Judge Cooley was adminis- 
tering to them the oath of office. Affiant, with the minutes of the pro- 
ceedings in his possession, and in company with F. J. Herron, left the 
room ; that he went without delay to his room, at once proceeded to put 
the proceedings of the board in form, while the whole thing was fresh 
in his mind ; and that the Exhibit A is a correct copy of those minutes, 
and the minutes are true and correct. That subsequently, and on the 
same day, affiant and F. J, Herron jointly notified James Longstreet 
and Jacob Hawkins of their appointment, and received from them the 
certificate of the oath of office as returning-officers, and saw the oath ad- 
ministered by the chief justice, Ludeling, all on the same day. Affiant 
farther says that w^hen lie, on consultation with the secretary of state, 
F. J. Herron, had concluded that James Longstreet and Jacob Hawkins, 
being, as he believed and does believe, fair and just men, would be 
suitable persons to fill the vacancy caused by the disqualification of 
Messrs, Pinchback and Anderson, and he attended the meeting of the 
board, the tw^o sessions held by the board on Tuesday and Wednesday, 
the 12th and 13th instant, with intention of voting for them to fill said 

vacancies. 

JOHN LYNCH. 

Sworn and subscribed before me, this 10th day of November, 1872. 

THOMAS LYNNF, 



Filed November 19, 1872. 
A true copy : 



Clerk. 

O. :\L TENNISON, 

Deputy Clerk. 

ROBERT LYNNE, 

De2)uty Clerk. 



Copy of record of, and affidavits in, suit Ko. 1351G, in eighth district 
court for the parish of Orleans. 

To the honorable eighth district court for the parish of Orleans : 
The petition of the State of Louisiana, through Simeon Jieldeu, 



282 CONDITION OF AFFAIRS IN LOUISIANA. 

attorney-general, upon the inforraatiou of Francis J. Herrou, a resident 
of the city of New Orleans, with respect, shows : 

That the said Francis J. Ilerron, joined with the State of Louisiana, 
is lej>ally entitled to possession and is in actual possession of the office 
of secretary of state of the State of Louisiana; that he is entitled to 
hold and to exercise the functions and duties of said office until his 
successor, elected at the general election held in the State of Louisiana 
on the 4th day of November, 1872, shall have been lawfully inducted 
into the said office. 

The petitioner further represents that one Jack Wharton, a resident 
of the city of New Orleans, is illegally assuming to be and is illegally 
asserting a right to the possession of the said office of secretary of state, 
in violation of the constitution and laws of the State of Louisiana; that 
the said Jack Wharton has no color of right or authority to possess or 
exercise the functions of the said office, or to possess the said office, 
but that, nevertheless, he asserts himself to be and assumes to be secre- 
tary of state, as aforesaid ; and to that extent the said Jack Wharton 
is illegally and unconstitutionally usurping and intruding into the said 
office, in violation of the constitution and laws as aforesaid. 

The State of Louisiana, by these proceedings, joins the said Francis 
J. Herron herewith, and prays that the said Jack Wharton maj' be cited 
to appear and answer these proceedings; and that, after all due and 
legal proceedings had, that he may be decreed to be usurping, intruding 
into, and unlawfully assuming or asserting the right to exercise the 
functions of the office of secretary of state as aforesaid. And further- 
more, the petitioners pray that a judgment may be rendered in favor of 
the plain titt", and in favor of the said Francis J. Herron, secretary of 
state, as aforesaid, herewith joined with the State of Louisiana, decree- 
ing the said Francis J. Herron to be entitled to iiave and to hold the 
office of secretary of state, and to be entitled to exercise the functions 
of said office ; and that the decree may be so rendered as to maintain 
him in possession of said office until his successor has been inducted 
into office as aforesaid. 

The petitioner prays for all such further and general relief as the exi- 
gencies of the case may demand or the law warrant, and for costs. 

S. BELDEN, 
Attorney -General of Louisiana. 

A. P. Field and J. Q. A. Fellows, of Counsel. 

Filed 14th November, 1872. 

EOBERT LYNNE, 

JDejmty ClcrJc. 



To the honorable eighth district court for the parish of Orleans : 

The supplemental petition of the State of Louisiana, through Simeon 
Belden, attorney-general" and of Francis J. Ilerron, secretary of state of 
the State of Louisiana, with respect, represents : 

That these i)roceeilings have been taken and are had with the view 
of nmintaining the said Francis J. Herron, herewith joined with the 
State of Louisiana, in possession of the office of secretary of state, 
which the said Francis J. Ilerron is uow legally and actually possessing 
and exercising; that Jack ^Yharton, defendant herein, has threatened 
and is now attempting, in violation of the constitution and laws of the 
State, to take forcible possession of the office of secretary of state of 
the State of Louisiana, and is, by force and arms, asserting a right to 



CONDITION OF AFFAIRS IN LOUISIANA. 283 

possess and exercise that office ; and tliat tlie said defendant, Jack 
Wharton, is futherniore attemptinji-, illegally and unconstitntionally, to 
exercise certain of the functions pertaining to the office of secretary of 
state, which are not actually discharged in the olli<,'e of the secretary 
of state, especially the right to sit as a member of the returning-board, 
organized for canvassing the returns of the general election under the 
act relative to elections in the State of Louisiana. 

The petitioner further represents that, in order to prevent a violation 
of the constitution and the law, and in order to maintain the said plain- 
tiff in the possession of said ofti(;e ])ending these proceedings, in con- 
formity to the constitution and the laws, and in order to prevent the 
said Jack Wharton from assertinga right to orattemi>tingt<) obtain pos- 
session of the said office of secretary ot state, and in order to prevent 
t!)e said defendant from attempting to exercise any of the functions of 
the oflice of secretary of state, or doing any act pertaining to said office, 
and especially to prevent the said defendant from attempting to exercise 
the duties of a member of the returning-board, under the law relative 
to elections in the State of Louisiana, it is necessary that a writ of 
injunction issue, restraining the said defendant from attempting to as- 
sert a right to the office of secretary of state, or to exercise any of the 
functions of said office. 

Wherefore the petitioner prays that the said Wharton be cited to 
answer this petition that a writ of injunction may issue herein enjoin- 
ing Jack Wharton, defendant herein, from attempting by any manner 
or form to obtain possession of the office of secretary of state of the 
State of Louisiana, and enjoining him, the said Jacrk ^Vharton, from as- 
serting a right to the said office in any other nuinner than by legal pro- 
ceedings in accordance with law, and enjoining him, the said defendant, 
from exercising or attempting to exercise, any of the functions Dcrtain- 
ing to the office of secretary of state in connection with the canvass 
and returns of the general election held throughout the State of Louisi- 
ana, on the 4tli day of November, 1872. 

The petitioner pravs for general relief and for costs. 

• S. BELDEX, 

Attorney-Gowral of Louisiana. 

J. Q. A. Fellows and A. P. Field, of Counsel. 

Personally appeared the undersigned, wdio, being duly sworn, says all 
the facts and allegations in the foregoing petition are true. 

F. J. HERKON. 

Sworn to and subscribed before me this 14th day of Xovember, 1S7U. 

ROBERT LYNNE, 

Deputy Clerl: 

Let this supplemental petition be fded and the defendant U- cite*]. 
Let the defendants be ordered to show cause on Saturday, Noveml)er KJ, 
at 11 o'clock a. m., why an injunction should not issue, as withm prayed 
for and according to hiw. Meanwhile let the defen<lants be ordered to 
desist from acting, or assuming to act, as returning-officcrs until the 
hearing and determination of this rule. ,, ,,^ ,, ^ i 

HENRY C. Dir.BLE, J»%. 

New Orleans, Xovemhcr 14, 1872. 



284 CONDITION OF AFFAIRS IN LOUISIANA. 

Let injunctions issue, as within prayed for and according to law, with 
out bond, the State being plaintiff. 

HENRY C. DIBBLE, Judge. 
New Orleans, November 19, 1872. 

Oath of office. 

I, Jack Wharton, do solemnly swear (or affirm) that I have not been 
convicted of treason, perjury, forgery, bribery, or any other crime pun- 
ishable by imprisonment in the penitentiary ; and I do further solemnly 
swear that I am not subject to the disabilities contained in the third sec- 
tion of the fourteenth ameudmeut to the Constitution of the United 
States ; that I accept the civil and political equality of all men, and 
agree to not attempt to deprive any f)erson or persons, on account of 
race, color, or i)revious condition, of any political or civil right, privi- 
leges, or immunity enjoyed by any other class of men ; that I will sup- 
port the constitution and laws of this State, and that I will faithfully 
and impartially discharge and perform all the duties incumbent on me 
as secretary of state of State of Louisiana, according to the best of 
mv ability and understanding : so help me Cxod. 

JACK WHARTON. 

Sworn and subscribed before me this 13th day of November, 1872. 

Y. A. WOODWARD, 
Assistant Secretary of State. 

A true copy from the original on file in the office of secretary of 

of r| + p 

Y. A. WOODWARD, 

Assistant Secretary of State. 

Personally appeared A. J. Brien, who, being duly sworn, deposes and 
says, that on Thursday, the 14th of November instant, at about 3 
or 4 o'clock p. m., in company with F. J. Herron, James Longstreet, 
William Roy, Timothy Kelly, and F. Garrett and others, 'I went to the 
building known as the Mechanics' Institute, on Dryades street, between 
Canal and Common, entered the building and the office of the secretary 
of state. General J. F. Herron had the key of the office in his pocket, and 
with the key opened the door All the above-named persons, including 
affiant, General Herron at the head, entered the office and reuiained in 
said room some twenty minutes or more, and in or about the building some 
hour or more. No one was there who opposed our entering the room, 
and no one was in the room on our entering. In a very few minutes 
quite a crowd entered, among them quite a number of police olficers. 
After quite a prolonged conversation between General Herron and 
a police olficer named George W. Wilder, the said AAllder stating 
that he had charge of that office, with orders to let no one enter 
that office, and especially General Herron, and especially after office 
hours. General Herron gave me the key of the office, which I have now 
and have retained ever since. AVhen General Herron left, he went in 
company with the said George W. Wilder. General Herron directed 
Colonel William Roy to take cluirge of the office as his assistant secre- 
tary of state, and directed him with hisfriends to remain in charge. Affiant 
and Colonel Roy, when we left tlie office, left it in charge of members 
of the metropolitan police, Colonel Roy locking the door, leaving no one 
inside. I have not been inside the secretary of state's office since that 
time, but have been in the ^Mechanics' Institute building twice. The 



CONDITION OF AFFAIRS IN LOUISIANA. 285 

door was tbeu locked, and some g^entleman met me at the door and said 
there was no admittance. Who he was I do not know. 

A. J. BKIEN. 

WILLIAM KOY. 

FKANCIS GAKKETT. 

Sworn to and subscribed before me this 18th day of November, 1H72. 

THOMAS LYNNE, 
Cleric of Eightli District Court, Farish of Orleans. 

A. K. Johnson, being duly sworn, deposes and says that he fully cor- 
roborates the affidavit of A. J. Brien and William Roy, and, in addition 
to the statements by them, he states that be was present when Oeneral 
Herron entered the office of secretary of state with a key that I under- 
stood was the key of the office. No one was in the office. General Her- 
ron and some friends, named in the affidavit above, remained in the 
office some half hour. He locked and left Colonel Koy in charge. 
Neither Wharton, nor any person for him, claimed the office during my 
stay. 

A. K. JOHNSON. 

Sworu to and subscribed before me this 18tb day of November, 1872. 

THOMAS LYNNE, 
Cleric of Ei(j1it1i District Court, Farish of Orleans. 

A true copy : 

ROBERT LYNNE, 

Deimty Cleric. 

Filed November 19, 1872. 

O. M. TENNISON, 

Deputy Cleric. 



Ansivers of H. C. Warmotli to interrogatories. 

Offered by defendants November 25, 1872. 

N. B.— The New Orleans Times of November 20, 1872, published the 
law annexed to these answers. 

United States circuit court, district of Louisiana. In equity. Wm. P. 
Kellogg vs. H. C. Warmoth et als. No. G8;i0. 

Now coilies Henry C. Warmoth, and for answer to the interrogatories 
propounded to him in the matter of the order of this honorable court, 
requiring him to show cause w hy he should not be punished for con- 
tempt of the authority of tliis honorable court, says: 

To the first interrogatory. He was served with a copy of the_ restrain- 
ing order granted in this cause on the 10th November, 18«2, at be- 
tween 5 and G o'clock p. m. 

To the second interrogatory, he answers, *' No." 

To the third interrogatory, he answers, " Yes." 

To the fourth interrogatory, "No," except as hereniatter mentioned. 

To the fifth interrogatory, "No," except as hereinafter mentioned. 

To the sixth interrogatory, he answers, " No.'; 

To the seventh interrogatory, he answers, " No." 

To the eighth interrogatory, he answers, "No." 

To the ninth interrogatory, he answers, " No." 



286 CONDITION OF AFFAIRS IX LOUISIANA. 

To the tontli interrogatory. As governor of the State of Louisiana, lie 
issued connnissions to tbe following candidates for office at the election 
held 4th ]Noveinber, 1872 : 

Vs'm. r. Harper, civil sheriff of the parish of Orleans, on the IGth in- 
stant, at about G o'clock j). m. 

On the L'Oth instant, at about 10 o'clock p. ni., he issued, as gov- 
ernor aforesaid, commissions to the following persons : 

Edmund Abell, judge of the first district court, parish of Orleans. 

A. L. Tissot, judge of the second district court for the parish of 
Orleans. 

r. A. Monroe, judge of the third district court for the parish of 
Orleans. 

E. Worth Cullom, judge of the fifth district court for the parish of 
Orleans. 

A. Saucier, judge of the sixth district court for the parish of Orleans. 

T. Wharton Colleus, judge of the seventh district court for the i)arish 
of Orleans. 

AV. A. Elmore, judge of the eighth district court for the parish of 
Orleans, 

Isaac W. Patton, criminal sheriff for the parish of Orleans. 

Frank Pace, clerk of the second district court for the parish of 
Orleans. 

Thomas Duffy, clerk of the fifth district court for the parish of 
Orleans. 

E. T. Manning, clerk of the eighth district court for the parish of 
Orleans. 

H.N. Ogden, attorney-general for the State of Louisiana. 

J. J. O'lJrien, clerk of the sixth district court for the parish of Orleans. 

John McPhelin, district attorney of the ijarish of Orleans, and other 
clerks of court of the parish of Orleans. 

To the eleventh interrogatory. This interrogatory is answered in the 
foregoing answers. The commissions Avere issued on no evidence what- 
ever, ex(!ept that the fact of the election of said officers was notorious. 

To the twelfth interrogatory, he answers, " No.'* 

This respondent, by way of explaimtion to his answers of the fourth 
and fifth interrogatories, says that, prior to any knowledge on his part 
of the restraining order, this respondent, as governor of the State, had 
received, opened, and submitted to the legal returning officers for said 
election, to wit, Jack AVharton, F. H. Hatch, and Durant Da Ponte, in 
conjunction with this respondent, the returns or statements of election 
received IVom many parishes in the State, and the same were in process 
of examination by" clerks employed Avith the view of tabulation ; that 
after he was served with the restraining order he remained i)erfectly 
passive. He is informed and believes said clerks went on with the work 
of tabulation, but without any direction from this respoiulent, in order 
to have the returns ready for submission to and examination by what- 
ever ollicers sliould be decreed and held to be the legitimate returning- 
officers of election. This resjjondent did not believe then, nor does he 
now suppose, that the restraining order was intended to (lirect him ac- 
tively to interfei'e to arrest this mere clerical labor necessary to prepare 
the statements then received and opened for submission to the inspection 
of the legal returning-otlicers, whoever they might be. If he has erred 
in this respect it was ignorantly and with no intention of violating the 
order of this lionorable court. 

Tiiis respondent further says that in the performance of his constitu- 
tional duty as chief executive of the State of Louisiana, he approved 



CONDITION OF AFFAIRS IN LOUISIANA. 287 

and signed, on the 20tb November, 1872, an act of the general assembly 
of the State of Lonisiana, a copy of wliichis hereto annexed and made 
part hereof. 

This respondent further says that he did not for a monuMit conceive 
that the restraining- order inhibited liini from exercising lijs constitu- 
tional functions as governor of tlie State of Louisiana in the issue of 
commissions to any person whom he chose to commission as an othccr 
of the State ; such certainly is not the language of the order, and if the 
act of issuing commissions to the officers mentioned is considered by the 
court a violation of said restraining order, this respondent distinctly 
and absolutely disavows any intention to disregard said older, anil 
says that he was advised by counsel that the issue of said commissions 
by him, as governor of the State, was not inhibited by the i)r()visions 
of said order, which operated to restrain him only as a retuniing-oflicer 
of elections in regard to matters connected with his duties as such re- 
turniug-officer. 

H. C. WAK.AIOTH. 

Sworn to and subscribed before me this 22d November, 1872. 

K. LOEW, 
United /States Commissioner. 



[No. 98.] 

An act to regulate tlie conduct and to maintain tho freedom and purity of elections ; to prescribe the 
mode of uiakiuf^ returns thereof; to provide for tlio election of returning-ofBcers, and defliiinjj tlieir 
powers and duties ; to prescribe tlie mode of entering on tlic rolls of the senate and house of repre- 
sentatives; and to enforce article one hundred and three of tlie constitution. 

Section 1. Be it enacted l)y the senate and houxe of representatives of the State of Lonis- 
iana in general assembly convened, That all elections for State, pariisli, and Judicial olli- 
eers, members of the general assembly, and for members of Congress, shall be lield on 
the first Monday in November; and said elections shall be styled the genera! elections. 
They shall be held in the manner and form and. subject to tho regulations hereinafter 
prescribed, and in no other. 

Sec. 2. Be it further enacted, <fc., That five persons, to be elected by the senate from 
all political parties, shall be the retnrning-otlieers for all elections in the State, a 
majority of whom shall constitute a ([uoriini, and have i)o\ver to make the returns of 
all elections. In case of any vacancy by death, resignation, or otherwise, by either of 
the board, then the vacancy shall be filled by the residu(i of the board of returning- 
officers. The returuing-ofBcers shall, after each election, before entering on their duties, 
take and subscribe to the following oath before a judge of tiie supremo or any district 
court : 

I, A. B., do solemnly swear (or affirm) that I will faithfully ami diligently perform 
the duties of a returiiing-otticer as prescribed by law; that I will carefully ami hon- 
estly canvass and compile the statements of the votes, and make a true and correct 
return of the election : so help me God. 

Within ten days after the closing of the election said returning-oflicers shall meet 
in New Orleans to canvass and compile tiie statement of votes made by the commis- 
sioners of election, and make returns of the election to the secretary of state. They 
shall continue in session until such returris have been compiled. Tlie iMcsiding otlicer 
shall, at such meeting, open, in the presence of the said returning-ollicfis, tiic state- 
ments of the commissioners of election, and the said returningHifficers siiall, from said 
statements, canvass and comiiilt; the returns of the election in du]ilicatc; one eoi)y of 
such returns they shall lile in the ottice of the secretary of slate, and of one copy they 
shall make public proclamation, by printing in the otticial journal and such other news- 
papers as they may deem proper, declaring th(! names of all persons and oOicers voted 
for, the number of" votes for each person, and the names of the iiersons who iiavc been 
dnly and lawfully elected. The return of the election thus made and proninlgated 
shall he jirima-faeie evidence in all courts cf justice and beft)re all civil oi'ticers, until 
set aside aftt r contest according to law, of the right of any person named tiierein to hold 
and exercise the ofHce to which he shall by such return lie dedarctl elected. Tlie gov- 
ernor shall, within thirty days thereafter, issue commissions to all odiccrs thus declared 
elected, who arc required by law to be commissioned. 



288 CONDITIOX OF AFFAIRS IN LOUISIAXA. 

Sec. 3. Be it further enacted, tfc, Tliat in such canvass and compilation the retnrning- 
officers shall observe the following order: They shall conii)ile tirst the statements from 
all polls or votiug-places at which there shall have been a fair, free, and peaceable 
registration and election. Whenever, from any poll or voting-place, there shall be 
received the statement of any snpervisor of registration or commissioner of election, 
in form as required by section twenty-six of this act, on affidavit of three or more citizens, 
of any riot, tumult, acts of violence, intimidation, armed disturbance, bribery, or cor- 
rupt iuHuenees, which prevented, or tended to prevent, a fair, free, and peaceable vote 
of all qualitied electors entitled to vote at such poll or voting-place, such returning- 
ofiHceis shall not canvass, count, or compile the statement of votes from such poll or 
voting-place until the statements from all other polls or votiug-places shall have been 
canvassed and compiled. The retuniing-officers shall then jiroceed to investigate the 
statements of riot, tumult, acts of violence, intimidation, armed disturbance, bribery, 
or corrupt influences at anj- such poll or voting-place ; and if from the evidence of such 
statement they shall be convinced that such riot, tumult, acts of violence, intimida- 
tion, armed disturbance, bribery, or corrupt influences did not materially interfere 
with the purity and freedom of the election at such poll or voting-place, or did not 
prevent a sufticient number of qualified voters thereat from registering or voting to 
materially change the result of the election, then, and not otherwise, said returniug- 
ofticers shall canvass and compile the vote of such poll or voting-place with those ]ue- 
viously canvassed and compiled; but if said returning-officers shall not be fully satisfied 
thereof, it shall be their duty to examine further testimony in regard thereto, and to 
this end they shall have power to send for persons and papers. If, after such examina- 
tion, the said returning-officers shall be convinced that said riot, tumult, acts of vio- 
lence, intimidation, armed disturbance, bribery, or corrupt influences did materially 
interfere with the purity and freedom of the election at such poll or voting-place, or 
did ])revent a sufficient number of the qualified electors thereat from registering and 
noting to materially change the result of the election, then the said returning-officers 
shall not canvass or compile the statement of the votes of such poll or voting-place, 
hut shall exclude it from their returns: /VoriV?ef?, That any person interested in sai(l 
election bj" reason of being a candidate lor office shall be allowed a hearing before said 
returning-officers upon making application within the time allowed for the forwarding 
of the returns of said election. 

Skc. 4. Be if further cuaeted, <)T.,That elections for representatives in general assem- 
bly shall be held on the first Monday of November, one thousand eight hundred and 
seventy-two, and every two years thereafter, and all elections to sui)ply the place of 
senators in the general assembly, whose term of service shall have expired, shall be held 
at the same time as herein provided for the election of representatives., 

Skc. 5. Be it further euacted, S(c., Thiit all electioiis shall be held in each pari.sh at 
the several election polls or voting-]daces to he established as is hereinafter prescribed. 

Skc. 6. Be it further enaeted, i^'C.jThat all elections shall be completed in one day, and 
the polls shall be kept open at each poll or voting-place from the hour of six in the 
morning until six o'clock in the afternoon. 

Skc. 7. Be it further enaeted, S^'C., That each parish in the State, except the ])arishes of 
Orleans and Jefferson, is hereby fixed as an election precinct, and the i)olice juries shall 
direct what number of polls or voting-places shall be established in each i)recinct; 
shall fix the places of holding the election, and appoint commissioners of election for 
each poll or voting-place. For the parish of Orleans, each wai'd of the city of New 
Orleans shall constitute a precinct, and the city council shall fix the voting-places in 
each ]ireeinct and ai)point connnissioners to hold the election for each voting-place. 
For tile parish of Jefferson there shall be two jirecincts, one on each side of the Missis- 
sippi Iviver, the iireciuct on each side embracing that portion of the parish on the same 
side of the river. The police jury of each precinct of said ]iarish shall fix the voting- 
places in their ])reciuct and ap])oint commissioners to hold the election at each poll or 
voting-])lace : Provided, That there shall be at least one voting-place in each justice of 
the peace ward in every pari.sh excejjt the jjarish of Orleans: Frorided further, That in 
the city of Carrollton the voting-places shall be fixed and commissioners appointed by 
the city council. 

Skc. 8. J!e it further ouicted, i^-c., That ihc i-K'viion at each poll or voting-idace shall 
be presided over by tiiree commissioners of election, residents of the parish for at least 
twelve months next jireceding the day of election, who shall be selected from different 
jiolitical ]iartics, and be of good standing in the party to which they belong, and who 
sliall, before entering upon the disehargirof their duties, take and subscribe the o;ith 
prescribed for State ofhcers. Should only one of the commissioners ajipointed be j)rcsent 
at the hour for opening the jioll, he shall appoint another, and both togetiier shall aj)- 
point a third; and the conimissioners so apjiointed shall take the oath and perforin all 
the duties of eommissioners of clei'tidii in the same nianuer as if they had been ap- 
pointed as ])r(nided for regular aiipoiiitmeiit of comniissioiu'rs by this act. Any one 
of the commissioners shall be authorized to administer the oath to the other commis- 
sioners. Tlie commissioners of election for the several wards in the city of New Orleans 
shall be ap[iointed by the mayor and administrators of the city of New Orleans. 



CONDITION OF AFFAIRS IN LOUISIANA. 289 

Skc. 9. Beit further enacted, c^-c, That it shall be tho duty of the commissioners of 
election to receive the ballots of "all legal voters who shall otter to vote, and deimsit 
the same in the ballot-box to be luovided for that purpose. Tlie comniissioiiers shall 
deposit the ballot of each voter in the ballot-box iu the full and couvouieut view of 
the voter himself. 

Skc. 10. lie it further enacted, c^c.That in all cases the vote of the person oflFerinjr to 
vote shall be taken from the hand of the voter by one of the commissioners of .'leesion, 
and any commissioner of election receiving a vote from tlie hands of any p.-rsoii other 
than the voter shall be deemed guilty of a misdemeanoi-, and, ni»on conviction tiu-reof, 
shall be fined not less than one hundred dollars nor more than three hundred dollars: 
and any person taking a vote from a voter for the purpose of handing the same to the 
commissioner of electi(m shall be deemed guilty of a misdemeanor, and. ujion convic- 
tion thereof, shall be lined not less than one hundred dollars nor more than three hun- 
dred dollars : Provided, That any voter shall have the right to deposit his own vote in 
the ballot-box with his own hand. 

Skc. 11. Be it further enacted, ,Jc.,That any commissioner of election, con.stable, police 
officer, or election ofHcer, who shall see any person taking from the hands of a voter his 
ballot with intent to pass it to the commissioners of election, or attempting so to 
pass such ballot, shall forthwith arrest such pisrson and convey him at least one-quar- 
ter of a mile from the polls, and keep him there, under guai-d, until the close of the 
poll. 

Skc. 12. Be it further enacted, </-c.,That the commissioners of election .shall preserve 
order and decorum at the election, and shall commit to prison, or, if at any place over 
one mile from the parish prison, to the custody of au officer, who shall convey the pris- 
oner to a place at least a quarter of a mile from the polls, any disorderly person or per- 
sons, for a term not to extend beyond the hour of closing the polls: Provided, That he 
be permitted to vote before being imprisoned. It shall be the duty of the commission- 
ers of election, or any of them, to issue a warrant forthwith for the arrest of such per- 
son or i)ersons, and the officer making the arrest shall commit such person or persons, 
as above provided, until the close of the polls. Such warrants may be directed to any 
sheriff, constable, or police officer, and shall be executed immediately by such otlicer. 
As soon as practicable after the closing of the jjolls, such person or persons shall be 
brought before the proper magistrate for examination, who shall proceed forthwith to 
examine the case. 

Skc. 10. Be itfnrlher enacted, c^c.That it shall be tho duty of the commissioners of 
election, at each poll or voting-place, to keep a list of the names of the persons voting 
at such poll or voting-place, which list shall be numbered from one to the end ; and 
Baid list of voters, with their names and numbers as aforesaid, shall be signed and 
sworn to as correct by the commissioners, immediately on closing of the polls, and be- 
fore leaving the place, and before opening the box. If no judge or justice of the peace, 
or other person authorized to administer such oath, be present to do so, it may be ad- 
ministered by any voter. The votes shall be counted by the commissioners at each 
voting-place, immediately after closing the election and without moving the boxes 
ii'om the place where the votes were received, and the counting must be done iu the 
presence of any bystander or citizen who may be present. Tally-lists shall be ki-pt of 
the count, and after the count the ballots counted shall be put back into the box and 
preserved until after the next term of the criminal or district court, as the case may 
be ; and in the parishes, except Orleans, the commissioners of election, or any one of 
them selected for that purpose, shall carry the box and deliver it to the clerk of the 
district court, who shall preserve the same as above required ; and in the parish of 
Orleans the box shall be delivered to the clerk of the first district court for the parish 
of Orleans, and be kei)t by him as above directed. 

Skc. 14. Be it farther enacted, tjc. That, in case the right of any person to vote is chal- 
lenged, the commissioners of election shall have power to administer oaths and affirma- 
tions to persons offering to vote at any election conducted by them, and to examine 
such jiersous under oath touching their right to vote at such election, and in all c.use.s 
the commissioners of election shall appoint oue of their numl)er to keep a record of the 
voters during the electiou, and another to receive the votes; and whenever a vote 
is received the ct)minissioner of election keeping the record shall call tho name of tho 
voter aloud, and sliall mark the letter V opposite said name on the record. 

Skc. 15. Be it further enacted, t^-c,, That all supervisors of registration, commissioners 
ofelection, and officers attending supervisorsofn^gistration or commissioners of election, 
shall be free from arrest during the time of registration, or of tho revision of the regis- 
tration, or of holding the election, or in going to or returning from the place of registra- 
tion, or poll or voting-place, unless he or they shall be charged with an olfen.se punisha- 
ble with death or imprisonment in the penitentiary. 

Skc. K). Be it further enacted, JL-c, That all proper expenses incurred for the rent of 
polling or voting iilaces. and the hire of furniture, and for incidental expenses neces- 
Kary for holding" the electiou shall, upon presentation of a drtailed account tiiereof, 
duly sworn by the officer directed to procure the same, be paid by the authorities of 

11. Ex. 01 ID 



290 CONDITION OF AFFAIES IX LOUISIANA. 



1 



the city of New Orlcaus, or of the parish, as the case may he, in -which the elections 
are hehl. 

Sec. 17. Be it fiirfhey enacted, <§-c., That no person shall be permitted to vote at any 
election to be held in tliis State who has not been duly registered as a qnalilied voter, 
in accordance with law. 

Sec. 18. Be It further enacted, ^(?.,That any voter shall A^ote in the parish wherein he 
resides, eXcojit in the parishes of Orleans and Jefferson, wherein he shall vote at the 
election precinct in which he shall be a registei'ed voter. 

Sec. 19. Be it further enacted, til-c, That all the names of persons voted for by each 
voter shall be written or printt^d on one ticket, on which the names of the persons 
voted for, tojrether with the office for which they are voted for, shall be accurately 
specified ; and should two or more tickets be folded together the tickets so folded shall 
be rejected : Provided, That no person shall be allowed to vote for ward or municipal 
offices except in the ward or municipality in which he resides. The commissioners of 
election shall require every person ottering to vote to exhibit his certificate of registra- 
tion, and when the vote of such p'Tson is received the ci):nmissiomers of election shall 
write on or stainj) on such certificate or affidavit the word "voted," add the date of the 
vote, which shall be signed by one of the commissioners, and any person being guilty 
of erasing or altering any stamp or mark thus made by the commissioners of election, 
or any one of them, shall, upon conviction, Ix; deemed guiltj' of a misdemeanor and 
fined and iniprisoninl at the discretion of the court. 

Sec. 20. Be it further enacted, c^-c, That the commissioners shall have the right to re- 
quire that any person attempting to vote shall be put on his oath and made to declare 
whether he has voted at another poll or voting-place, and in case such person shall 
make a false oath he shall be subjected to the penalties provided by law for jjcrjury ; and 
it is herebj' made the duty of any commissioner of election, upon the re<[uest of any 
voter, to administer the oath herein required ; and any commissioner of election 
refusing or neglecting to administer the oath when so required shall be deemed guilty 
of a misdemeanor, and, on conviction thereof, shall bo punished by a JimJ of not less 
than one hundred dollars and by imprisonment for a term of not less than three 
months. 

Sec. 21. Be it further enacted, ifc, That any person offering to vote maybe required by 
the commissioners to mak(! oath and declare that he is the person to wlioni was issued 
the registration certificate or any ofher papi r upon wliich he offers to vote, and that he 
has not voted at any other poll or voting-place ; and in case he shall makt; a false oath 
he shall- be liable to the pains and penalties of i)erjury prescribed by law. 

Sec. 22. Be it further enacted, cj'c., That the supervisor of registration for each parish 
throughout the State shall furnish to the commissioners of election at each poll or vot- 
ing-place within his parish a correct and duly certified list, written or printed, in al- 
phabetical order, of all the registered voters, and the number of the certificate of regis- 
tration of each voter of the precinct in which the poll or voting-place may be situated, 
and it shall be the duty of the commissioners of election, as soon as a voter has de- 
posited his vote, to erase his name from said list. Any person, except the commission- 
ers of election, who shall mark, disfigure, or erase any part of said list, shall be imme- 
diately arrested and confined until the close of the polls. It is made the duty of all su- 
l)ervisors of registration, commissioners of election, and public officers to enforce the 
l)enalty of this section. 

Sec. 2;^. Be it further enacted, ^-c.,- That the sheriff of each parish shall furnish to the 
conuiiissioners of election at each ])oll or voting-place within his parish a box sufficient 
to contain the votes to be given at such place. Such boxes shall be so bound with iron 
bands that the same cannot be opened, except by the locks, without breaking such 
bands, and such boxes shall each b(^ furnished with a good lock and key. The expen- 
ses for such boxes, on the presentation by the sheriff of a specific account, sworn by him 
to be correct, shall be paid by the. city or parish, as tiie case may be. 

Sec. 21. Be it further enacted, .fc. That all clei-tious to be held in this State to fill any 
vacancies shall i>e conducted and managed, and returns thereof shall be made, in the 
same manner as is })rovided for general elections. 

Sec. 25. Be it further enacted, tjc. That it shall be the duty of the governor to com- 
mission all officers-elect, except members of the general assembly, the governor, and 
the members of the police jury. 

Sec. 2(i. Be it further enacted, cfc., That in any parish, precinct, ward, city, or town 
in which during the time of registration, or revision of registration, or on any day of 
(dection, there shall be any riot, tumult, acts of violence, intimidation, and disturbance, 
bribery or corrupr inllviences, at any place within said parish, or at or near any poll or 
voting-place, or i>lace of registration, or revision of registration, which riot, tumult, acts 
of violence, intimidation, and disturbance, bribery, or corrupt influences shall i>revent, 
ortend to prevent, a fair, free, peaceable, and full vote of all the (qualified electors of 
said parish, pn-cinct, ward, city, or town, it shall be the duty of the commissioners of 
election, if such riot, tumult, acts of violence, intimidation, and (listur[)ance, bribery, 
or corrupt intiueuces occur on the day of election, or of the supervision of registration 



CONDITION OF AFFAIRS IN LOUISIANA. 291 

of thfi parish, if tlioy occur flnrinj; tlie timo of rci^ristnition, or revision of rc<risfration 
to make in dnplicato and under oatli a dear and full .sralcmeiit of ail tlio facts relitiu"-' 
thereto and ot the eifect i)roilneed hy snrli riot, tnninlf,, acts of violence, intiiiiidati..ir 
ami disturbances, bribery, (.r eonnpt inllnences in incventin- a fair, free, peaceable, and' 
lull registration or election, and of the number of qualified voU-vh (hiterred by such 
riots, tumult, acts of violence, intimidation and disturl)ance, bribery, or corriMit in- 
tiuences from reoistering or votinjr, which statement shall also be corroborated under 
oath by three respectable citizens, (pialilied electors of the itarisli. When hucIi state- 
ment is made by a commissioner of election or a supervisor of rej,nstration, he shall for- 
ward it in duphcate to the Hui)ervisor of rei^istration of the parish, if in the city of New 
Orleans to the secretary of state, one copy of which, if maile to the supervisor of re.T- 
istration, shall be forwarded by him to the returniiif^-oflicers provided for in section two 
ot this act, when he makes the returns of election in liis parish. His copy of said state- 
ment shall be so annexed to his nstiirns of elections, bv paste, wax, or "some adhesive 
substances, that the same can be kept together, and the other copv tlie sni)ervisor of 
registration shall deliver to the clerk of the court of his parish for' the use of the dis- 
trict attorney. 

Sicc. 27. Be it further enacted, t^-c, That as soon as possible after the expiration of the 
thne ot the making of the returns of the election for Representatives in Congress, a cer- 
tilicate of the returns of the election for such Representatives shall be entered on record 
hy the secretary of state, and signed by tlie governor, a.nd a copy thereof, subscribed 
by said officers, shall be delivered to the ])erson so elected, and another copy transmitted 
to the House of Representatives of the Congress of the United States, directed to the 
Clerk thereof. 

Skc. 2S. Be it further enacted, (fc. That in case of vacancy by death or otherwise in 
the said office of Representative in Congress between the general election, it sliall be 
the duty of the governor by proclamation to cause an election to be held according to 
law to till the vacancy. 

Skc. 21). Be it further enacted, <fc., That in every year in which an ejection shall be 
held for electors of President and Vice-President of the United States, such election 
shall be held at the time fixed by act of Congress. 

Sf:c. 30. Be it further enacted, tfr.. That ■whenever the seat of any Senator or Represen- 
tative shall become vacant, and there shall be a session of the general assembly then 
sitting, or to be held before the next general election, it shall be the duty of the gov- 
ernor, within five days after such vacancy has come to his knowledge in any cit;dil)le 
shajie, to issue his writ of election, directed to the supervisor or supervisors of regis- 
tration in and for the parish or parishes in which sucli vacancy may exist, whose duty 
it shall be within three days after its receipt to give public notice that an election will 
be held to till such vacancy on a day to be named by them, which day shall not be 
less than eight nor more than fifteen days after the publication of such notice, if such 
election be held during or within fifteen days next preceding a session of the general 
assembly ; but if not, then the election shall be held not less tlnin twenty nor more 
than thirty days after the publication of such notice, and shall be held and conducted, 
and the returns thereof made, in the manner and form provided by law for general 
elections. 

Skc.:U. Be it further enacted, tCc, That in all future elections for senators, rei>resen- 
tatives, sheriffs, coroners, clerks Of the district courts, and other otticers, if there should 
be an ecpial number of votes given for two ttr more candidates for the same ofiice, the 
election for such office or offices thus not filled shall be again returned to the people 
iu the parish or district as the case may be, public notice of ten days to be first given 
in the same manner as in the general elections. 

Skc. 32. Be it further enacted, cf-c. That the provisions of this act, except as to the 
time of holding "elections, shall apply iu the election of all officers whose election is 
not otherwise provided for. 

Skc. 33. Be it further enacted, .fc. That it shall be the duty of the governor, at least 
six weeks before every general election, to issu(^ his proclHination giving notice thereof, 
which shall be published in the official journal of the State, and copies thereof for- 
warded to the several supervisors of registration throughout the State. 

Skc. 34. Be it further enacted, c('c.. That notice of every general election hehl under 
the provisions of this act shall bo given at least thirty days before the election, by 
notices posted nj) in each precinct, or, if there be an olticial newspaper pulilislied in 
the parish, by pulilishing the notice in such jiaper. 

Skc. -35. Jie it further enacted, Jj-c, That the s.ipervisors of registration or commission- 
ers of election shall ( u the day of election close all drinking-saloons, dram-shops, grog- 
geries, or places wheie liouor is sold by the glass or bottle, situated iu the radius of 
two miles of any poll or voting-place ; and said supervisors of registration or commis- 
sioners of election shall have the power to call on any sherifi', constal)!!', or police officer 
to enforce this regulation, if such, sherifi'. constable, or p(dice ofiicer shall refuse to 
obey any order issued under th(> authority of this section, thi' super\ is(u- of registration 
giving the order shall summarily arrest and imprison such sherilf, constable, or police 



292 COXDITIOX OF AFFAIRS IX LOUISIANA. 

officer, snch iniprisonnient not to extend beyond tlie hour of closing the polls. And 
such slieiitf, constable, or police officer so refusing to obey such order shall be deemed 
gnilty of a misdemeanor in office, and upon conviction tliereof shall be pnnished by im- 
]trisonmeut for a term not to exceed six months nor less than three months, and by a 
tine of not more than five hnndred dollars nor less than one hnndred dollars. 

Skc. 3(i. Be it further enacted, tfc., Tliat the governor, any justice of tiie peace, alder- 
man, mayor, judge, or any State ollicer wlio may be present at or have knowledge- of 
any drinking-saluon, dram-shop, groggery, or place where liquor is sold by the glass or 
bottle, which is open contrary to tlie provisions of the foregoing section within the 
limits therein proscribed, may in writing order any police ofiicer or constable to seize 
any such liquors, or any carriages or vessels containing the same, or any booths or 
tents erected within said limits for the purpose of exposing such intoxicating liquors for 
sale. 

Sv.c. 37. Be it further enacted, t^-c, That the constable or police officer to whom such 
orders shall be delivered sliall thereupon seize all such licjuor, carriages, vessels, and 
materials of any such tent or booth, and hold and detain the same until twenty-four 
hours after the close of the election, then to be delivered on demand to the owner or 
the person from whom they were taken, ou the payment of ten dollars for the safe-keep- 
ing of said articles. 

Six. 38. Be it further enacted, c^c, That if these effects be not thus demanded, the same 
shall be sold at i)ublic auction by the police officer or constable making the seizure ; 
and the proceeds of such sale, after deducting costs of sale and safe-keeping, shall be 
paid to the owner of the articles sold or the person from whom the same was taken. 

Skc. 39. Be it further tuacled, <yc.. That no voter, whose name is registered according 
to law, shall be challenged at the polls on any question of residence, but it shall be the 
duty of the commissioners of election to require every person whose name appears on 
the registration-books to prove his identity if required by the commissioners of elec- 
tion ; and any commissioner of election who shall receive a second vote on the same 
day, by virtue of the same certificate of registration, and any person who shall ofter to 
vote a second time ujion any certificate of registration, shall be deemed guilt}' of a 
misdemeanor, and on conviction thereof be fined or imprisoned, or both, at the dis- 
cretion of the court, but the fine shall not exceed one hundred dollars in each case, nor 
the imprisonment one year, and tiie like punishment shall, on conviction, be inflicted 
on any conimissioner of election who shall neglect or refuse to liiake the indorsement 
re(iuired as aforesaid on the said registration certificate. 

Skc. 10. Be it further enacted, <j'-c.. That if any clerk of a court, or deputy of any such court, 
or any other person .shall affix the seal of office to any naturalization paper, or permit 
the same to be affixed, or give out, or cause, or permit the same to be given out, iu 
blank, whereby it may be frauduleutlj^ used, or furnish a naturrdization certificate to 
any ])erson who shall not Ir.ive been duly examined and sworn in open court, in the 
l)resence of some of the judges thereof, according to the act of Congress, or shall aid in, 
coiniive at, or in anj' way permit the issue of fraudulent naturalization certificates, he 
shall be gnilty of a misdemeanor; or if any one shall fraudulently u.se any such certifi- 
cate of naturalization, knowing it to have been fraudulently issued, or shall vote or 
att( inpt to vote thereon, or if any one shall vote or attempt to vote on any certificate 
of naturalization not issued to him, he shall be guilty of a misdemeanor, and either or 
any of the persons, their aiders or abettors, guilty of either of the misdemeanors afore- 
said, shall, on conviction, be fined in a sum not exceeding one thousand dollars, and 
imprist)ned iu the penitentiary for a ))eriod not exceeding three years. 

Skc. 41. Be it further enacted, i^-c., That if any person, ou oath or affirmation in or 
before any court in the Stilte, or oliiccr authorized to administer oath, shall, to jirocure 
a certificate of naturalization for himself or any other person, willfully depose, declare, 
or affirm any matter to be facted, knowing the same to be false, or shall, in like 
manner, deny any matter to be fact, knowing the same to be true, he shall be deemed 
guilty of perjury, and any certificate of naturalization issued in pursuance of any such 
deposition or attirmation shall be null and void ; and it shall be the duty of the court 
issuing the .same, upon proof being nuide before it that it was fraudulently obtained, 
to taivc immediate measures for recalling the same for cancellation ; and any person 
Avho shall vote or attempt to vote on any i)aper so obtained, or who shall in any way 
aid in, connive at, or have any agency wliatever in the issue, circulation, or use of auj' 
fraudulent naturalization certificate, shall be deemed guilty of a misdemeanor, and, 
upon conviction tliereof, shall undergo an imprisonment in the jienitentiary for not 
more than two years, and pay a fine not more than one thousand dollars, and one 
thousand dollars for every such ofiense, or either, or both, at tiie discretion of the 
court. 

Skc. 42. Be it further enacted, ij'r., That at all general elections the names of all can- 
didat(^s to be voted for in tlu.' city of New Orleans shall be written or printed on one 
ticket or slip of i)aper, and tiie number of the ward and election precinct iu which the 
ticket is to be voted for shall be [uinted or written on the outside ibid thereof. 

Sec. 43. Be it further enacted, <^-c., That immediately upon the close of the polls on 



CONDITION OF AFFAIRS IN LOUISIANA. 293 

the day of elecHon the commissioners of the election at each poll or votinff-place sliall 
proceed to count the votes, as provided in section thirteen of this act and after thev 
shall have so counted the votes and made a list of the uain.-s of all tli.- persons voted 
for, and the offices for which they were voted for, and tlu^ number of votes received by 
each, the number of ballots contained in the box, and the number rejected, and the 
reasons therefor, duplicates of such lists shall be made out, signed, ami sworn to by 
the commissioners of election of each poll, and such duidicate lists sliall be delivered 
one to the supervisor of registration of the parish, and one to tiie clerk of tlie district 
court ot the parish, and in the parish of Orleans to the secretarv of state, by one or all 
such commissioners in person, within tweuty-four hours alter the closing of the polls. 
It shall he the duty of the supervi.sors of registration, within tweuty-fonr lionrs after 
the receipt of all the returns for the different pollinj^-places, to consolidate such 
returns, to be certified as correct by the clerk of the district court, and forward the 
consolidated returns, with the originals received by him, to the returning-c.fticers pro- 
vided for in section two of this act, the said report' and returns to be inclosed in an 
envelope of strong paper or cloth, securely sealed, and forwarded by mall. He shall 
forward a copy of any statement as to violence or disturbam-e. briijeVy, or corruption, 
or other offenses specilied in section twenty-six of this act, if any there be, together 
with all memoranda and tally -lists used in making the count, aiid statement of the 
votes. 

Skc. 44. Be it further enacted, 4c., That it shall he the duty of the secretary of state 
to transmit to the clerk of the house of representatives and the secretary of the senate 
of the last general assembly a list of the names of such persons as, according to the 
returns, shall have been elected to either branch of the general assembly; and it shall 
be the duty of the said clerk and secretary to place the names of the representatives 
and senators elect so furnished upon the ndl of the house and of the senate, respect- 
ively ; and those representatives and senators whose names are so placed by the clerk 
and secretary, respectively, in accordance with the foregoing provisions, and none 
other, shall be competent to organize the house of representatives or senate. Nothing 
in this act shall be construed to conflict wifli article thirty-four of the constitution of 
the State. 

Sec. 4.5. Be it further enacted, ..fc. That any civil officer or other person who shall 
assume or pretend to act in any capacity as a commissioner or other ofhcer of election 
to receive or count votes, to receive returns or ballot-boxes, or to do any other act 
toward the holding or conducting elections, or the making returns thereof, in violation 
of or contrary to the provisions of this act, shall be deemed guilty of a felony, and 
upon conviction thereof shall be punished by imprisonment in the penitentiary for a 
term not to exceed three years nor less than one year, and by a tine not exceeding 
three hundred dollars nor less than one humhed dollars. 

Sec. 46. Be it further enacted, <)'c., That any person or persons who shall obstruct, 
hinder, or, by violence or threats of violence, abusive language, or other species of in- 
timidation, interfere with a supervisor or commissioner of election, or with any person 
or persons duly appointed to execute orders of the supervisor of registration or com- 
missioners of election in the discharge of their duties, shall be deemed guilty ot a mia- 
demeanor, and on conviction thereof .shall be i)nnished by a fine not exceeding three 
hundred dollars nor less than one hundred dollars, and by imprisonment for a period 
not exceeding three months uor less than one month. 

Sec. 47. Be it further enacted, tf-c. That any person or persons who shall counsel, aid, 
connive at, abet, encourage, or ]iarticipate in any riots, tnmults, acts of violence, in- 
timidation, or armed disturbance, at or near the office of any supervisor of registration 
on any day of registration or revision of registration, or at or near any p(dl or voting- 
place on any day of electitm, shall be deemed guilty of a felony, and on conviction 
thereof shail be punishe«l by a fine not exceeding (ive hun<lred d(dlais nor less than one 
hundred dollars, and by inrprisoument in the i)eniteutiary for a period not exceeding 
two vears nor less than six months. • 

Sec. 48. Be it further enacted, .^c, That any person who shall register, or cause to be 
registered, his name, or tiiat of aiiy other person, as a legal voter, in violation of law, 
or vote, or induce or cause another to vote, in violation of tiie laws or of the constitu- 
tional provisions in such eases made and provided, shall be deemed guilty of a felony, 
and on conviction thereof shall be jmuished by a tine of not more than live hninlred 
dollars nor less than one hundred dollars, and by imprisomm-nt in the penitentiary for 
a period of not less than one year nor more than three years. 

Sec. 41). Be it further enacted, .»'c., That any person or per.sons who shall purchase, or 
cause to be purchased, the registration-papers or certificate of registration of any 
person dnly registered according to law, .shall be deemed guilty of a felony, and ou 
conviction'thereof .shall be punished by a fine not exceeding five hundred dollars nor 
less than one hundred dollars, and by imprisonment iu the penitentiary for a term not 
less than one year nor more than three years. 

Sec. 50. Be^it further enacted, iVc, That any i)erson who shall vote or attempt to vote 
on any false and fraudulent paper or certificate of registration, or upon any paper or 



294 CONDITIOX OF AFFAIRS IN LOUISIANA. 

certificate of rej^isf ration issued to a person other than the one voting or attempting 
to vote on said pai)er or certiticate of registration, shall be deemed guilty of a felony, 
and on conviction thereof shall he punished by a line not exceeding five hundred 
dollars nor less than one hundred dollars, and by imprisoumeut in the penitentiary for 
a term not less than one year nor more than three years. 

Sr.c. 51. Be it further iiuietcd, <fr., That any person who shall induce, by offer of 
reward, by threats of violence, or otherwise, any person to vote, or attempt to vote, on 
any false or fraudulent paper or certiticate of registration, or upon any papei's or cer- 
tificate of registration belonging to a person other than the one voting or attenijjting 
to vote on said paper or certiticate of registration, shall be deemed guilty of a felony, 
and on conviction thereof shall be punished by a fine not exceeding five hundrecl 
dollars nor less than one hundred dollars, and by imprisonment in the penitentiary for 
a period not exceeding three years nor less than one year. 

.Si;c. ;j2. Be it further enacted, tfc, That any person who shall vote or attempt to vote 
more than once at the same election shall be deemed guilty of a felony, and upon con- 
viction thereof shall be punished by a line of not less than one hundred dollars and by 
imprisonment in the penitentiary for a term of not less than three years. 

Skc. 5:5. Be it further enacted, cfc. That it shall be the duty of any commissioner of 
election to forthwith arrest any person who shall vote or attempt to vote more than 
once, and commit him to the parish prison, and to immediately iih^ an information 
against such person with the district attorney or district attorney jiJ/-o tempore, whoso 
duty it shall be to prosecute such person before the proper court, and upon his failure 
so lo do, the attorney-general shall appoint some attorney to prosecute such person, 
and also to prosecute such district attorney or district attorney j^'o tempore, for such 
failure. Any supervisor of registration, connuissioner of election, district attorney, or 
district att(Uiiey j»o tempore, who shall refuse, neglect, or fail to comply with the pro- 
visions of this sectit>n of this act, shall be deemed guiltj' of a misdemeanor in office, 
and upon conviction thereof shall be removed from office and punished by a tine of* not 
less than one hundred dollars, and imprisoned for not less than three nor more than 
six months. • 

Skc. 54. Be it further enacted, tfc, That any person who shall, by threats of discharge 
from employment, of withholding wages, or proscription in business, influence or 
attempt to influence any voter in the casting of his vote at any election, shall be 
deemed guilty of a misdenu;anor, and upon conviction thereof shall be punished by a 
fine of not less than five hundred dollars, which shall go to the school fund of the 
l^arish, and be imi)risoned in the parish prison for not less than three mouths. 

Sicc. 55. Be it further enacted, tj-c. That any jjcrson who shall discharge from his em- 
ployment any labon-r, employe, tenant, or mechanic, who shall have been working for 
such per.son under contract, written or oral, for a specified time, before such time shall 
have expired, or who shall withhold from any laborer, employe, tenant, or mechanic 
any part of the wages due to such laborer, employe, tenant, or mechanic on account 
of any vote which such laborer, employe, tenant, or mechanic has given, or proposes to 
give, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than five hundred dollars, one-half of which shall go to 
the school fund of the parish in which the ofi'ense was committed, and by imprisonment 
in the i)arisli {)rison for not less than three months. 

!Si;c. 5(). Be it further enacted, clc. That any person who shall molest, disturb, inter- 
fere with, or threaten with violence any connuissioner of election, or i)erson in charge 
of the ballot-boxes, while in charge of the sauu', shall be deemed guilty of a felony, 
and upon conviction thereof shall be punished by a line of not less than five hundred 
dollars, or l)y imprisonment in the penitentiary not le.ss than one year, or both, at the 
discretion oftht? court. 

Skc. 57. lie it further enacted, <^c.. That any person not authorized by this law to 
receive or count the ballots at any election, who shall, during or after any election, and 
before the votes have bt^-n counted, disturb, displace, conceal, destroy, handle, or touch 
any ballot after the same has been received from the voter by a commissioner of elec- 
tion, shall 1)«! deemed guilty of a misdemeanor, and shall upon conviction thereof bo 
punished by a fine of not less than one hundred dollars, or by iuiprisonmeut for not 
less than six months, or both, at the discretu)n of the court. 

Skc. 5.'^. IJe it further enacted, cfr., That any jierson not authorized by this law to take 
charge of the ballot-boxes at the close of the election, who shall take, receive, conceal, 
displace, or in any manner handle or disturb any ballot-box at any time between the 
hour of the clo.sing of the j)olls and the transmission of the ballot-box to the clerk of 
the district court, or during such transmission, or at any tinui prior to the counting of 
the voles, shall be deemed guilty of a felony, and on conviction thereof shall be pun- 
ished by a fine of not less than five hundred dollars, or by imiirisonment in the peni- 
tentiary for not less than one year, or both, at the discretion of the court. 

Skc. .')'.!. Jle it further enacted, dc, That it shall be nidawfid for any person to carry 
any gun, pistol, bowie-knife, or any other dangerous weapon, concealed or unconcealed, 
on any day of election, during the hours the polls are open, or any day of registration 



CONDITION OF AFFAIES IN LOUI.SIANA. 295 

or revisiou of registriition, within a distauco of one-half niile of any place of,rpf»istia 
tion, or revision of rejfistration, or election poll. Any person violatii)<f the provisions 
of this section shall be deenied gnilty of a misdenieauor, ami on conviction shall bo 
punished by a line of not less than one hundred dollars and bj-^ iuiprisonnu'iit in the 
parish jail for not less than one month: Provided, That the provisions of this section 
shall not apply to any commissioner or officer of the election or supervisor of rej^istni- 
(ion, police officer, or other persons authorized to preserve the peace on days of rej^is- 
tratiou or election. 

Sec. 60. Be it further enacted, tj-c, That no person shall give, sell, barti'r any sjiirituous 
or iutoxicating liipiors to any person on the day of election, and any i)ersoii found 
guilty of violating the provisions of this section shall be fined in a sum of not less than 
one hundred dollars nor more than three hundred dollarsi, which shall go to the school 
fund. 

Skc. 61. Be it further enacted, cfc. That whoever, knowing that he is not a qualified 
voter, shall vote or attempt to vote at any election shall Vu" fined in a sum not to ex- 
ceed one hundred dollars, to be recovered by prosecution before any court of competent 
jurisdiction. 

Sec. 62. Be it further enacted, 4'c., That whoever shall knowingly give or vote two or 
more ballots voted as one at any election shall be fined in a sum not to exceed one 
hundred dollars, to be recovered by prosecution before any court of competent juris- 
diction. 

Skc. 63. Be it further enacted, tfc. That whoever, by bribery or by promise to give 
employment or higher wages to any person, attempts to inlluence any voter at any 
election, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be punished by aiine of not less than one hundred dollars and by imprisonment in the 
parish i)rison for not less than three months. 

Sec. 64. Be it further enacted, ^-c. That whoever willfully aids or abets any one not 
legally qualified to vote at any election shall be fined in a sum of not less than fifty 
dollars, to be recovered by prosecution before any court of competent jurisdiction. 

Sec. 65. Be it further enacted, ij'c, That whoever is disorderly at any poll or voting-placo 
during the election shall be fined a sum not less than twenty dollars, to be recovered 
by prosecution before any court of competent jurisdiction. 

Sec. G6. Be it further enacted, <S-c., That whosoever shall molest, interrupt, or disturb 
any meeting of citizens assembled to transact or discuss political nnitfcrs, sliall be fined 
in "a sum not less than fifty dollars, to be recovered by prosecution before any court of 
competent jurisdiction ; any sherifi', constable, or police officer present at the violation 
of this section shall forthwith arrest the oftender or offenders and convey him or them 
as soon as i)racticable before the proper court. 

Sec. 67. Be it further enacted, i^-c. That the court imposing any fine, as directed iu 
sections fifty-nine, sixty, sixtv-one, sixty-two, sixty-three, sixty-four, and sixty-five of 
this act shall conmiit the person so fined to the parish prison until the fine is paid: 
Frorided, That said iniprisonnuMit shall not exceed six months. 

Sec. 68. Be it further enacted, c^c, That in case where any oath or affirmation shall bo 
administered by any supervisor of registration or commissioner of electnm, m the pcr- 
f(U-mance of his duty as prescribed bv law, any person swearing or affirming talsely in 
the premises shall be deemed guilty of perjury, and subjected to the penalties provided 
by law for perjury. ^ ■ ■ c ^^ j. 

Sec. 69. Be it further enacted, clx., That the violation of any provision of the act, or 
section of the act, repealed by this act shall not be considered as exempting the persons 
so otiendiug from prosecution and punishment according to the provisions ol said act. 

Sec. 70. Be it further enacted, <fc.. That any person duly appointed coinmissioner ot 
election, and duly notified by the police jury of such appointment, who shall tail to 
attend the election and perform the duties of commissioner, as herein piovide^l, except 
iu case of sickness, shall forfeit th.i sum of one hundred dollars to the parish, t(, bo 
recovered before any court of competent jurisdiction at the suit of the parish to he 




repealed. ^ ^ BREWSTKR, 



Sveakcr of the House of niimnoitatires. 
P. RS. PI NCI IB AUK, 
Lieutenant-Governor and I'rexidcnt of the Senate. 
H.C. WAKMOTir, 
Governor of th> Si.itr „f Louisiana. 

Approved : November 20, 1872. 

A true copy. Y. A. WO( )L>\VAUD, 

Assibtant Seattary of State. 



296 CONDITION OF AFFAIRS IX LOUISIANA. 

I hereby certify that the above is a true and correct copy from the 
original on file in the office of the secretary of state. 

Given nnder my hand and the seal of the State, this 2lst day of No- 
vember, A. D. 1872, and of the Independence of the United States the 
ninetv-seventh. 

[SEAL.] Y. A. WOODWARD, 

Assistant Secretary of State. 



Answers of F. H. Hatch to interrogatories. 

r. H. Hatch answers respectfully, to all the foregoing- interrooatories, 
that since the service upon him of the restraining order issued in this 
case, in fact since the filing- of the bill of complaint, he has done 
nothing whatever as returning-officer of elections 5 and he answers all 
said interrogatories in the negative. 

r. H. HATCH. 

Sworn to and subscribed before me, November 22, 1872. 

F. A. WOOLFLEY, 
United States Commissioner. 



Ansicers of JacTc Wharton to interrogatories. 

Filed November 22, 1872. 

Jack Wharton answers respectfully all the foregoing interrogatories, 
that since the issue of the restraining order or the tiling of the bill of 
complaint in this court he has done nothing whatever as returning- 
officer of elections ; and he answers all said interrogatories in the 
negative. 

JACK WHARTON. 

Sworn to and subscribed before me November 22, 1872. 

F. A. WOOLFLEY, 
United States Commissioner. 



Ansioers of Durant Da Ponte to interrogatories. 

Filed November 22, 1872. 

W. P. Kellogg vs. H. C. Warmoth etal. United States circuit court — 
No. C830. 

Durant Da Ponte, being duly sworn, deposes and says— 

In answer to interrogatory No 1 : It is not true as to myself, nor with- 
in my knowledge, as to any other defendant in this case. 

In answer to interrogatory No. 2 : 1 have not. 

In answer to interrogatory No. 3 : I have not. 

In answer to interrogatory No. 4: I am not aware of the facts stated. 

In answer to interrogatory No. 5 : No. 

DURANT DA PONTE. 

Sworn to and subscribed before me November 22, 1872. 

F. A. WOOLFLEY, 
United States Cominissioner. 



CONDITION OF AFFAIRS IN LOUISIANA. 297 

Order on F. H. Hatch and Jack Wliarton to show cause, d;c. 

Entered and filed November 23, 1872. 

Circuit court of the United States, district of Louisiana. No. . 

William P. Kellogg vs. H. C. Warmoth et al. 

And now comes the complainant herein, by J. R. Beckwith, AYilliam II. 
Hunt, and E. C. Billings, his solicitors, and on suggesting to the court 
that the said defendants. Jack Wharton and Frank H. Hatch, have 
failed to comply with the order of this honorable court, ordering and 
requiring them severally to true, full, and complete answers make to 
the interrogatories filed and exhibited in this cause upon the rule and 
order requiring them to severally show cause why they should not 
severally be attached and punished for contempt of court, and it ap- 
pearing their said several alleged answers are imperfect, partial, evasive, 
and indefinite — 

It is ordered that the said defendants, Jack Wharton and Frank H. 
Hatch, do, on or before 11 o'clock a. m. of Monday, the twenty-lifth day 
of November, A. D. 1872, in writing, under their several respective cor- 
poral oaths, and according to the best of their several resi)cctive 
knowledge, information, and belief, full, true, and specific and uuevasive 
answers make to each and every of said written interrogatories so tiled 
and exhibited in this cause. 

3larshaVs return of service. 

Received November 23, 1872, by the United States marshal, and on 
the same day, mouth, and year served a copy hereof on Jack Wharton 
and Frank H. Hatch by handing the same to each of them in this city 

personally, 

C. R. STEELE, 
• Deputy Marshal. 



Answers of F. H. Hatch to interrogatories. 

Filed November 25, 1872. . 

Now comes F. H. Hatch, and, for more specific answers to the inter- 
rogatories propounded to him in the matter of the rule for contempt m 
this case, says: 

To the first interrogatory : No. 

To the second interrogatory : No. 

To the third interi'ogatory : No. 

To the fourth interrogatory : No. 

The restraining order was not served on me untd after the lOtn ot 
November, 1872, to wit, until the IDth of November, 1872, but I knew of 
its existence on the morning of the 17tli of November, 1872. 

1 , Is. 11 AxUli. 

Sworn to and subscribed before me this 25th day of November, 1872. 

F. B. Vl>iOi, 
United imitates Comvimioner. 



298 CONDITION OF AFFAIRS IN LOUISIANA. 

Answer of Jade Wharton to interrogatories. 



1 



Filed Xovember 25, 1872. 

No\v comes Jack Wharton, and, for more specific answers to the inter- 
rogatories propounded to him in the matter of the rule for contempt in 
this case, says : 

To the first interrogatory : No. 

To the second interrogatory : No. 

To the third interrogatory : No. 

To the fourth interrogatory : No. 

To the fifth interrogatory : No. 

The restraining order was not served on me until after the 16th of 
November, 1872, but I knew of its existence an hour or so after it was 
served on Governor Warmoth ; that is to say, about 8 or 9 o'clock p. m., 
on the lOth of November, 1872. 

JACK WHARTON. 

Sworn to and subscribed before me this 25th day of November, 1872. 

F. B. VINOT, 
United States Commissioner. 



DEFENDANT'S ANSWER. 

Wm. p. Kellogg, ^ 

vs. > No. GS30. In chancery. 

H. C. Warmoth et als. ) 

In the circuit court of the United States for the fifth circuit and district 

of Louisiana. 

The answer of Henry G. Warmoth, one of the defendants to the bill of 
complaint of William Pitt Kelh)gg, o<)m[)lainant. 

This defendant, reserving to himself all right of exception to the said 
bill of comi)laint, for answer thereto saith : 

This defendant admits that there was a general election held on the 
4th day of November, 1872, in the State of Louisiana, under the author- 
ity of tlie laws of the said State; that a governor, lieutenant-governor, and 
others were to be, and were, voted for at said election ; that the com- 
plainant and John McEnery were candidates for governor ; that by the 
law of the State no person was qualified to vote as an elector until he 
had been registered in a list of persons entitled to vote at said election ; 
that the provisions of the law of the State at that time relatifig to reg- 
istering vested in this respondent, as governor of the State of Louisiana, 
the appointment of the officers whose duty it was to register all such 
voters. 

And this defendant, further answering, saith, that it is not true, as 
charged in said billof comi)laint,thatatall times since thecomplainant be- 
came a candidate for such election this respondent, governor of the State of 
Louisiana, has re[)eatedly avowed his intention to adopt all means in his 
power, and to so exercise unlawfully, and to extend his power and the 
power conferred on him by his position as governor, as to unlawfully 
defeat the ele(;ti()n of complainant ; nor is it true that for the said i)ur- 
l^ose, in the appointnuMit of the supervisors of registration, he has se- 
lected persons for the office of supervisors and assistant supervisors of 
registration as to obtain persons pliable to his will, and who would con- 



CONDITION OF AFFAIRS IN LOUISIANA. 299 

cur with, and aid him, respoudeut, in the execution of any unhiwful 
plans and Iraudulent devices; nor is it true that to that end, and for 
that puri)Ose, this respondent did espe(;iall.y, or any otiier wise, luiiUc it 
a condition precedent to the appointment of said officers that they should 
in all things, and by all unlawful means within their power, assist in the 
accomplishment of said eiids. 

That it IS not true that one of the unlawful devices, plans, and schemes 
of the respondent was throujih the iiistrumeutality of the said register- 
iug-ofQcers, and with their aid, and l»y the pretended aid of laws of the 
State, to deprive a large number of tlie citizens of the State of Louisi- 
ana, in all respects lawfully entitled to the franchise, by refusing to 
register the said citizens upon the list of registered voters," by reason of 
their race, color, and previous condition : nor is it true that in the exe- 
cution of said scheme, or in the execution of any otlier scheme, a large 
number of citizens of the State, who are colored, and who had been in a 
former condition of servitude, were so refused registration on various 
frivolous and unlawful pretexts and i)retenses, amounting to ten thou- 
sand votes, or any other number. 

That it is not true, as charged in said bill, that this respondent adopted 
the means and devices aforesaid, or any other means or devices, for the 
purpose of depriving said voters of their right of franchise as aforesaid, 
with the intent thereby to prevent their ballots being cast for the com- 
plainant, and thereby to defeat complainant's election to the office of 
governor. 

And this defendant, further answering, saith, he knows not, and has 
not been informed, save by the said complainant's bill, and cannot set 
forth as to his belief or otherwise, whether, when the said supervisors of 
registration had completed the registration of the qualitied electors of 
the State, they had succeeded in preventing the registration of a 
large, or any number, of electors, as charged in said bill of complaint ; 
nor that when persons so refused registration as aforesaid offered to 
deposit their ballots for the complainant in the ballot-boxes at the places 
of election, they were refused the right tode[)osit said ballots; nor that 
the complainant is in possession of evidence of that fact, preserved 
under the provisions of the act of Congress of May 31, 1S70, and the 
acts amendatory thereto; nor that there are in existence from three to 
five thousand documents of the same character that have been in the 
same manner preserved, with the ballots attached to said affidavits and 
certificates, in which the complainant was included by name, as candi- 
date for the office of governor of the State of Louisiana ; nor that the 
persons so offering to deposit said ballots were in each and every in- 
stance i)ersons of color, and were refused the right of franchise on account 
of race and color. 

And this defendant, further answering, saith, that it is not true, as 
charged in said bill of comjdaiiit, that this respondent, combining and 
conspiring with the supervisors and assistant supervisors of registra- 
tion by hiin appointed, has caused a dishonest, incorrect, and false ac- 
count of the votes cast in the several i)arishes of this State at said elec- 
tion. Xor is it true, as charged in said bill, that this resi)ondent has 
falsified and caused false and untrue returns and certiUcates of the result 
and canvass of the votes cast in the several parishes in this State at 
said election; nor that said count, canvass, and certificates are so false 
and untrue, for the reason that a large number of the ballots deposited 
in the said ballot-boxes at said election by jiersonsof color have not been 
counted, and considered, and the evidence thereof i)reserved and certi- 
fied, so that the same may be canvassed by the returniugofficers for 



300 CONDITION OF AFFAIRS IN LOUISIANA. 

elections in this State; nor is it true that they were so suppressed, or 
that any ballots were suppressed and not counted and considered that 
were cast for and in favor of the complainant as governor of this State, 
or that they were in all things sufficient to have elected the complainant 
to said office; and this respondent denies that he has any knowledge of 
any suppression of any votes whatever, or that he ever authorized, aided, 
or abetted the suppression or false return of any votes cast at said elec- 
tion, or did any other unlawful act to defeat the election of the com- 
plainant. 

This defendant, further answering, saith, that it is true that the 
returns of the elections for the precincts of the State were, by the law as 
it stood on the 4th of November, 1872, to be sent by mail addressed 
to this respondent as governor of the State of Louisiana. That the law 
as it then stood jirovided that the governor, lieutenant-governor, secre- 
tary of State, Jolin Lynch, and T. C. Anderson, or a majority of them, 
should be the returniugofficers of all elections of the State, a majority 
of whom should constitute a quorum, and have power to make the 
returns of all elections ; that in case of vacancy the same should be tilled 
by the residue of the board; that within ten days of the election the 
returning-board should meet to canvass and compile the statement of 
votes made by the supervisors, and make returns to the secretary of 
State; that the governor should at .such meeting open in the presence of naid 
returning officers the statements of the supervisors of registration, and 
that the returning-officers should from said statements canvass and 
compile the returns of the elections in duplicate; that oue copy of such 
returns should be filed in the office of the secretary of state, and of one 
copy they shall make public i)ro(;lamation by printing in the official 
journal, and such other newspapers as tliey may deem proi)er, declaring 
the names, &c., of persons elected, &c., and said board was vested with 
full authority to examine the truthfulness of the returns, and reject or 
accept the same, should it appear that a sufficient number of the quali- 
fied electors entitled to vote at any poll or voting-plai;e were refused the 
right of franchise unlawfully, so as to materially change the result of 
the election; and this defendant further says that the law on the sub- 
ject of elections, under and by which the said board of returning officers 
was created and came into existence, was repealed, aiul ceased to be 
the law of Louisiana by an act of the legislature of Louisiana approved 
the twentieth day of November, 1872, which said act went into operation 
on the day of its passage, and the said returning-board ceased then and 
thereby to exist. 

And this defendant, further answering, saith, that it is not true, as 
charged in said bill of complaint, that the said board was reduced by the 
ineligibility of P. B. S. Pinchback and T. C. Andersou to thisrespoiident 
as governor, Francis J. Herron as secretary of state, and John Lynch; 
andthat said board, so constituted, and beinga majority of said board, did 
fill the vacancies therein by the election of Jacob Hawkins and James 
Longstreet; and that said board was properly organized to proceed to said 
canvass of said returns; and that they, the said Herron, Hawkins, and 
Longstreet, wereduly sworn accordingtolaw, and qualilied toactas mem- 
bers of said board ; but the fact is that the said Herron was not secretary 
of state of the State of Louisinna at the time alleged, he having been 
removed from the temporary discharge of the duties of secretary of 
state by the act of this respondent for good and sufficient cause 
thereto moving, the said Herron being a defaulter to the State of Lou- 
isiana, and incapable of holding office therein, as will appear by the 
l>roclamation thereof, now on file in tiiis case, and Jack Wharton, oue of 



CONDITION OF AFFAIRS IN LOUISIANA. 301 

the defendants ill this suit, was then discharging the duties of secretary 
of state, in possession of that office; that no eh'ction or selection of the 
said Hawkins or Longstreet, or either of them, as nieiiil)ers of said 
hoard, was made in the presence of this respoiuk'nt, nor were tln'y, or 
either of them, voted for in his i)reseiice, or put to the vote as members 
of said board ; and the said Herron not being the secretary of state of 
Louisiana, did not form one of a board to seh'ct or eh'ct members of said 
returningboard. And this respoiuk'nt denies that said lii'iron, or 
Longstreet, or Hawlcins was ever legally and i)roperly organized and 
qualified as returning-officer under any election law of Louisiana. This 
defendant, further answering, saith, that this respondent as governor of 
the State, Jack Wharton as discharging the duties of secretary of state, 
and John Lynch composed the board of returning-ofticers under the law 
of Louisiana until that law was repealed; that under said law, as it then 
existed, the said members of said board met at New Orleans on the l.'5th 
day of Koveinber, 1872, and on the motion of this respondent, in the 
presence of said John Lynch, this respondent and said Jack Wliarton, 
acting in their aforesaid cai)acities as governor and secretary of state, 
voted for the selection of F. H. Hatch and Durant Da Ponte as members 
of said board, and they were then and there legally elected and (pialitied 
as members of said board; that after the election and (pialification of 
said Hatch and Da Ponte, in the presence of said John Lynch, the said 
Lynch withdrew from the said meeting and went off with said F. J. 
Herron, and they, the said Lynch and Herron, Irauduleutly, illegally, 
and improperly conspired with the said Jacob Hawkins, James Long- 
street, and William P. Kellogg, the complainant, did set up a ])retended 
board of returning officers, and claimed the right to act as such, con- 
trary to law, and right, and justice, for the purpose of obtaining the 
returns from the several voting-precincts in the State, with a view of 
altering, destroying, and rejecting the same so as to conceal the true 
result of said election, defeat the true intent of the voters of the State, 
by fraudulently declaring the election of the said Kellogg as governor, 
and the election of others, their friends, to otlier ottices, and in turther- 
ance of this conspiracy, and to defeat the ends of justice and the voice 
of the i)eople, the said Lynch, styling himself as president, and the said 
Longstreet, styling himself one of the members of the board of re 
turning-officers, demanded of this respondent the returns from the 
various precincts of the State, and in the still further pursuance of the 
said conspiracy and fraud, the present suit was brought. 

And this defendant, further answering, saith, that it is not true as 
charged in said bill of complaint that tiiis respondent, "claiming to be 
in possession of the returns of a large number of the supervisors of 
registration, refused to open said statements of the supervisors of regis- 
tration in the presence of said returning-officers, being intiuenced in 
said refusal, as your orator believes, by the fear that said returning- 
board would make due and proper investigation of the truthfulness ot 
said returns and statement, and that said scheme for excluding lawful 
ballots would be defeated, or tliat evidence of the frauds that had been 
committed, and of the fact that a large number of persons had at such 
election offered to vote, and had been denied the right to vote, contrary 
to the Constitution and laws of Congress, would be discovered and jh'c- 
served in such form that the same could be used, and ot avail m any 
action or proceeding instituted by your orator to determine his riglit to 
the office of governor of said State, but the said Henry (. . W armoth 
made frivolous excuses for not discharging his saul duty, and said boanl 
of returning-officers adjourned uutU the next day without any tur- 



dU2 CONDITION OF AFFAIRS IX LOUISIANA. 

tlier action, when, in order to cover up and conceal said frauds, and to 
prevent the proper legal canvass of said votes, the said defendant 
Henry C. Warinoth, without nny h'nal authority or color of law, pre- 
tended to eject the said Francis J. Herron from the office of secretary 
of state, and with force and arms attempted to take forcible possession 
of the records and archives of the office of secretary of state into his 
custody, and without warrant or color of law pretended to appoint the 
said defendant Jack Wharton to the office of secretary ot state, and 
that the said Jack Wharton, willing to aid in such unlawful scheme, 
l)retended to be secretary of state, and as such, a member of said returu- 
ing-board; that the said defendant Henry 0. Warm oth, thereupon pre- 
tending- that he had conferred the office of secretary of state on said 
Wharton, combined with said Wharton, and they together pretend to 
have ele{;ted as members of said returning-board the said defendants 
Frank H. Hatch and Durant Da Ponte, and that although they and all 
of them were well aware that all said actings and doings were in all 
respects fradulent, and in violation of law, and that none of said defend- 
ants, except the said defendant AVarmoth, had any colorable light to 
proceed to the canvass of said statements, certificates, or returns, and 
that he, the said Warmoth, had no right to open or submit the same to 
any persons other than the said Lynch, Hawkins, Longstreet, and Her- 
ron, yet the said defendants Warmoth, Wharton, Hatch, and Da Ponte, 
in order to aid in such scheme of fraud, j)retend to be a lawful return- 
ing-board ; that the said defendant Warnu)th, as your orator is informed 
and believes, while refusing to open and deliver said statements, certifi- 
cates, and returns to said legal returning officers, who were organized 
and in actual session, has in fact opened and submitted the sanu^ to said 
conspirators and intruders, excluding saul lawful returning-officers from 
any can\'ass; that your orator believes and, therefore, avers the fact to be 
that it is the intention and deliberate i)lan of the said defendants afore- 
said, i)retending to act as returning-bo;ird as aforesaid, to rmike such 
pretended canvass of said votes as shall effect an apj)areiit defeat of 
your orator and declare the said 3IcEnery elected as governor of said 
State; that to produce said result they will give effect to all such fraudu- 
lent certificates and returns as tend to produce such an effect, and 
tend to exclude from all consideration, count, or canvass all votes of 
l)ersons of color that have been suppressed or prevented from being 
cast, and that it is their intention by such frauds to deliver to the pre- 
tended secretary of state such certificate or return, or pretended result 
of their canvass, as will make it api)ear that your orator is defeated, 
and the said McEiu>ry elected; and that while their canvass or return, 
as your orator is informed, would be perfectly void in law, yet the same 
would embarrass, hinder, and <lelay him in the i)rosecution of legal pro- 
ceedings in tliis honorable court to establish his rights to said office, to 
Avhich lie verily believes he is justly entitled, and to which he has been 
legally elected: that he is informed and fears that it is the intention of the 
said j)retende(l retui'ning board, in furtherance of their said scheme, also 
to destroy all of said returns or certificates received from sui)ervisors of 
registiation, and thereby isui)i)ress and place beyond the reach of your 
orator evidence which will be important and indispensable in a prosecu- 
tion of legal proceedings to establish his right to said office ; that he 
verily believes that it is the intention of the said defendant Warmoth 
to phure all said certificates ami returns of supervisors beyond the 
reach of the regularly constituted board of returning-ofiicers, ami thereby 
deprive your orator of any legal official canvass of said votes, and of the 



CONDITION OF AFFAIRS IN LOUISIANA. 303 

evidence that a just, honest, and truthful canvass of said votes would 
furnish, tending to show his right to said olTice of governor." 

Tliis defendant, answering, saitli, that it is not trne,as charged in said 
bill of complaint, "that the said defendant, McEnerv, is cognizant of 
said plans and schemes and api)roves the same, and is willing to aid in 
its accomplishment by pretending to believe that the result of such 
pretended canvass, if thereby it is made to appear that he has re(;eived 
a majority of the votes cast at said election, would confer on him the 
right to said oflflce, and that your orator believes it is the intention of 
said defendants to make a sham and fraudulent return and count, de- 
claring the said McEnery elected, and publish the sanu' in the oflicial 
journal of said State, the I^ew Orleans Republican, printed and issued 
by the said defendant, the Xew Orleans Kepublicau Printing Com- 
pany." 

This defendant, further aiiswering, saith,that it is not true, as charged 
in said bill of complaint, "that the complainant has reason to fear, and 
does fear, that the said defendants, pretending in the unwarranted 
manner aforesaid to act as a board of returning-officers, will mutilate, 
alter, and change said certificates in furtherance of their plan of fraud, 
and that the original certificates, returns, and statements of the super- 
visors of registration are important and necessary, and should be pre- 
served in order to determine whether the same have been changed, 
altered, or tampered with, or suppressed or considered, and in order 
that his right to said office of governor may not be impaired, and by 
the destruction of evidence rendered impossible to be asserted by the 
proper action when the time for the institution of such action shall 
arise ;" but the said charge is groundless to the knowledge of the com- 
plainant, and made in furtherance of the conspiracy entered into and 
existing between the comjilainant, the said Lynch, Herron, Hawkins, 
and Longstrcet, and their confederates in politics. 

This defendant, further answering, saitli, that it is not true, as charged 
in said bill of complaint, "that by the means aforesaid, and in the man- 
ner aforesaid, the said Henry C. Warmoth, governor of said State, by 
wholly and totally disregarding the laws thereof, and in defiance of 
law, and with the intent to destroy and overthrow a republican form of 
government in said State, has in fact directed the whole machinery of 
the State, and all of the offii-ers therein under his control, with the [)ur- 
pose and intent of defeating a just and fair election, and an honest and 
true return thereof, in order to defeat your orator, well knowing that 
your orator, if a just and fair election had been had, and held, and a 
true, honest, and fair canvass of the votes cast at such election made, 
was legally elected to the oifice of governor of said State : and the said 
Warmoth has endeavored, and is endeavoring, with the aid of all of said 
defendants, to suppress and destroy all evidence of such fraud st) com- 
pletely that the same may be of no avail to your orator in asserting his 
right to said office; that unless the said defen<lants are restrained by 
the order of this honorable court, and are permitted to continue in said 
unlawful acts, your orator fears that his means of legally establishing 
his right to said office of governor will be placed beyond his reach and 
control louf? before the time wiien by law he can commence the juoper 
judicial proceedings to determine and enforce his title and right to said 
"office." 

This defendant, further answering, saitli, that it is not true, as charged 
in said bill of complaint, that tlie said complainant "verily believes the 
actings and doings of the said defendants, as herein set f(»rth and com- 
plained of, are in all things unlawful, and are conceived and carried on 



304 CONDITION OF AFFAIRS IN LOUISIANA. 

by said defend-uits for the sole purpose of overthrowing and subvert- 
ing the republican form of government, guarHuteed to the State of 
Louisiana by the Constitution of the United States. That said object 
is intended to be accomplished by depriving the said people of said 
State of the choice of its officers, by fraudulently disregarding the right 
of the duly elected officers of said State of the right to administer the 
offices of said government, and substitutiug by fraud and false certifi- 
cates, and evidences, and canvass, persons who have never been elected 
to positions of trust and office in said State, and to confirm said pre- 
tended title to office by destruction of the evidence of the actual vote 
cast at said election ; and that your orator believes that unless your 
honors immediately allow, on the filing of this bill, a restraining order 
restraining the said defendants, and each and every one of them, from 
doing the acts for which your orator herein i)rays they may be restrained, 
your orator fears that before the hearing and determination of a motion 
for an injunction, the said defendants will have comx)leted their unlaw- 
ful scheme of fraud, and will have destroyed proof upon which your 
orator must rely to support his legal right to the office of governor as 
aforesaid, and your orator will be defeated thereby ;" but the said charge 
is made in furtherance of the conspiracy between said complainants, 
the said Lynch, Herron, Lougstreet, Hawkins, and their associates, for 
the puipose of getting possession of the election-returns, and defeating 
the true vote of the peoj^ie. 

This defendant, further answering, saith, that he'has answered every 
charge of the said bill of complaint with the true intent of admitting, 
exi)laining, or <lenying the same according to the truth. And he now 
denies each and every charge or insinuation in the said bill of com- 
plaint, that does or intends to charge him with fraud, or au improper 
design, or by an act or intention, by preconcert, pre-arrangement, con- 
cert, arrangement, or design to deprive any legal voter of the State of 
Louisiana of the right to cast his vote for the candidate of his choice; 
he denies tliat he ever made an arrangement to control the registrars, or 
assistant registrars, or commissioners of election, or any other persou (to 
do any wrong of any kind) in reference to said election, or the returns 
thereof. He denies that he appointed them with a view to defeat the 
election of the complainant, who was nominated for the office of governor 

on the day of July, 1872, and who at the time of his nomination, and 

ever since, and now is a Senator of the United States and ineligible to the 
office of governor of this State. And this defendant denies that the 
conii>lainant has any interest in the result of said election of the fourth 
of November, 1872, or can profit by the lesult of the same, and this de- 
fendant furthermore denies that this court has jurisdiction of the sub- 
ject-matter of this .suit, or that it can render any judgment, order, or 
decree in the i)reniises. And this respondent furthermore denies that 
your honors have any right to investigate the question of whether the 
complainant has or lias not been elected governor of the State of Loui- 
siana, in the manner and for the purposes set forth in said bill of com- 
plaint. 

And the defendant, further answering, saith, that one Geo. E. Bovee 
was duly elected secretary of state of the State of Louisiana, at the 
general election held in the'year 18GS, was qualified, commissioned, and 
took possession of said office. That in August, 1871, this respondent 
for good and sufficient cause suspended tlie said Bovee from the exer- 
cise of the functions of his office, and appointed and commissioned the 
said Fraiu'is J. Herron to discharge the duties of secretary of state, 
aud the said llerrou is estopped from denying the right of this respond- 



CONDITION OF AFFAIRS IN LOUISIANA. 305 

ent to remove liini from the performance of the duties of said ofiice of 
secretary of state of Louisiana ; and this <h4cii<hiiit denies all and all 
manner of unlawful eomhination and eoiil'edcracv wherewith he is 
char<ied by the said bill, without this, that there is any other matter 
cause, or thino- in the said comi)laiuaiit's said bill of eoiuplaint contained' 
material or neeessary for this defemlant to make answer unto, and not 
herein, and hereby, well and sutliciently answered, confessed, traversed 
and avoided or denied, is triu' to the knowledjie or belief of this de- 
fendant ; all of which matters and things this defemlant is readv and 
Avillino- to aver, nuiintain, and prove, as this honorable court shall di- 
rect, and humbly prays to be hence dismissed with his reasonable costs, 
and charo-es in this behalf most wrongfully sustained. 

H. C. WARMOTH. 
Semmes & MoTT, of Coiimel. 



H. C. Warinoth swears that the facts, statements, and averments of 
the foreoing answer in chancery are true. 

. H. C. WAinrOTH. 
Sworn to and subscribed before me this 25th day of November, 187L*. 

F. A. WOOLFLEY, 
United States Commissioner. 



Affidavit of Jacl: Wharton, F. H. Hatch, and Dnrant da Fonte. 

Offered by defendants November 25, 1872. 

United States circuit court, district of Louisiana. William P. Kel- 
logg vs. H. 0. Warmoth. No. O.S.'JO. 

Personally appeared Jack Wharton, F. H. Hatch, and Durant Da 
Ponte. defendants in the above-entitled suit, who being sworn, depose 
and say that it is not true, as charged in the bill of complaint filed in 
the said case, nor is it true in any way or sense whatever, that these de- 
ponents have b' en guilty of any combination or fraud ; or that they 
have in any Avay illegally and improperly attempted or endeavored to 
defeat the election of the complaint, or to deprive any legal elector of 
the right to register or vote at the late election in Louisiar.a, nor have 
they, or either of them, attempted or endeavored to make any false 
count or return of the votes cast at said election, nor have they, or either 
of them, ever conspired with any person, or agreed to aid any person in 
making a false count'or return of the votes cast at said election, nor 
have they, or either of them, conspired to reject any votes or returns of 
said election, with the design or intent of changing the result of said 
election, and when selected and elected as members of the board of re- 
turningotficers they severally accepted said membership with the in- 
tention to act honestly and truly in the discharge of their said duties. 

F. H. IIATCIL 
JACK WllAirrON. 
L>UKANT DA PONTE. 

Sworn to and subscribed before me this 25th day of November, 1872. 

F. B. VI NOT, 
United States Commissioner. 

Sworn to and subscribed before me this 25th day of November, 1872. 

K. LOKW, 
United States Commissioner. 
H. Ex. 91 20 



306 CONDITION OF AFFAIRS IX LOUISIANA. 

APPENDIX. 

Exhibit 1.— (Filed with bill.) 

Form of affidavit fo he iiifed irheiievcr ani/ pcrftou has been prevenied from dcponitiiuj his vote 
hy any illegal or wrongful means of the commissioners of election. 

[XoTE. — If any lefial votcr'lias been prevented from casting his vote, from any canse, fill out the fol- 
lowing affidavit iind deliver same lo United States supervisor of the pull where he would hare cast his 
vote, who will retnrn same to IP. A. Woolfley, chief supervisor.] 

State of Louisiana, Parish of St. Tammany: 

On the 4th day of November, 1872, I, Richard Waddle, a duly qualified voter in the 
parish of St. Taintiuiny, ])resented iny.si-lf at the jxylling-place located at Covinjitoii, in 
said jiarisli, which had been designated by the supervisoj- of registration as a poll, and 
offered to i)eribrni all acts required to entitle nie to vote, and was i)re])ared to exhibit 
to the conunissi(»uers of election at said \hA\ a certificate of registration furnished me 
during the registration of October, a copy of which is attached, showing me to be 
entitled to vote in the aforesaid parish. I further state that, owing to the iUegHl acts 
of the commissioners of election, I was deprived of my right to vote as a citizen and 
legal voter, to wit : Ref(nired by the State supervisor to furnish three qualified voters 
before he could register him. 

[XoTE. — Here state means used in preventing the voter from voting.] 

I further state that I was prepared to offer and should have offered to the commis- 
sioners of election at said poll for deposit in the ballot-box the ballot hcrcuisto at- 
tached, had I not ^^rongfully been i»revented by tlie illegal acts of the aforesaid com- 
missioners from so doing, and that the wrongful acts or omissions of said commissioners 
to receive and dejiosit my ballot, to be counted, is a denial of my rights as a citizen 
under the act of Cougrtsss entitled "An act to enforce the rights of citizens of the 
United States to vote in the several States of this Union, and for other ))nrposes," ap- 
jiroved May 151, 1870. I further demand that my ballot be counted and returned for 
the several camlidates named thereun, as pro\ ided bv said act. 

his 

RICHARD -f WADDLE. 

mark. 

[Ballot attached.] 

Begular national repahliean ticlcet — election Xorcmhcr 4, 1872. 

For President, General U. S. Grant. For Vice-President, Henry Wilson. 

Presidential electors. 

At large, M. F. Bonzano, Jules Lanabere, Chas. E. Halstead. 1st district, L. C. Rou- 
dauez. 2(\ <listrict, A. K. Jolinson. :kl district, Milton Morris. 4th district, JosejA 
'J'aylor. oth district, John Ray. 

State ticket — election Xovemher 4, 1872. 

For governor, Wm. Pitt Kellogg. For lieutenant-governor, C. C. Antoine. For 
auditor of )>ubhc accounts, Ciuirles Clinton. Secretary of state, P. (t. Dcslonde. At- 
torney-general, A. P. Field. Sui)erintendeut of public education, W. G. 15rowu. Con- 
gress at large, P. B. S. Pinchback. Ftu' 4:?d C(mgress, J. H. Sypher. For judge, 6th 
judicial district, W. B. Kemp. District attorney, 0th judicial district, F. M. Bankstou. 
For senator 11th senatorial district, E. F. Ilerwig. 

Parish ticket of St. 'Tammany. 

Pari.sh judge, Hiram Newell. Sheriff, Win. Tally. Recorder, Gustave Dupart. Clerk 
of court, F. E. Gnedry. Coroner, Thomas Hadeaux. House of rejircsentatives, A. J. 
Cousin. I'olice jurors. 1st, Henry Heiser ; 2d, J. E. Smith ; :5d, F. Roquet ; 4th, Lonis 
French; Tith, Fritz Mathis. Justice of the peace, Oth ward, John Davis; 6th ward, 
Jules Maillie. Constables, Moses Davis, E. R. Shaham. 

(Signatures of two witnesses who are cognizant of the truth of the affidavit.) 

his 
GOSSE + WILLIAMS. 

mark. 

Subscribed and sworn to this 14th day of November. 1872, befcu-e me. 

HIRAM NEWELL, Parish Judge. 



CONDITION OF AFFAIRS IN LOUISIANA. 307 

PAiasii OK St. T.v.mmaxy, Xorcmhrr 4, 1HT2. 
I certify that I was at the poniiijj;-plafo above mentioned on the day of t-li-ction, 
Novenihei- 4, lsr-2, and ihat the statenuuit of Mr. WiuhUe above subscribed to is true 
in every paiticiilar. 

WM. A. HUTCHINSON, 
United States Sttpvrcinor of Election at mid poll. 



KxiuniTS.— (Filed with bill.) 

Form of affidavit to he used wheiierer ain/ person has been prerented from drpositiiif/ his vote 
by any iUeyul or nrone/fai means of the commissioners of election. 

[NOTF,.— If any loRnl voter lins been y)rev(nito(l fiora casting his vote, fi oiii any canse, fill out tlic fol ' 
lowiufi atti<lavit and deliver same to United States supervisor of tlie poll wiiere'lie would have east his 
vote, who will return same to F. A. Woolfley, chief supervisor.) 

Statk ov Louisiana, Parish of Orleans: 

On the 4th day of November, 1872, I, Rosamond Thomas, a duly iinalilied voter in 
the ])an.sh of Orleans, First ward, presented myself at the polling-plaee located at Con- 
stance and Annnnciation, in said i»arish, which had been desij^nated by the supervisor 
of registration as a poll, and olfered to perform all acts required to entitle me to vote, 
and was prepared to exhibit to the commissioners of election ai said i»()ll a cerlilicate 
of rej^istration furnished iiu' during- the registration of 18liS, showing me to be entitled 
to vote in the aforesaid parish. I further state that, owing to the iUegal acts of the 
commissioners of election, I was deprived of my right to vote as a citizen and legal 
voter, to wit: 

That the commissioners alleged that my nante did not appear upon the registration 
list. 

f Note. — Here state means used in preventing the voter from voting.] 

I further state that I was preparcHl to offer and should have ottered to the coTumis- 
sioners of election at said jxdl for de[)<isit in the ballot-box the ballot hereunto 
attached, had I not wiongfully been pn^vented by the illegal acts of the aforesaid 
commissioners from so doing, and that the wrongful acts or omissions of said coniniis- 
sioners to receive and deposit my ballot, to be counted, is a denial of my rights as a 
citizen under the act of Congress entitled "An act to enforce the rights of citizens of 
the United States to vote in the several States of this Union, and for other purposes," 
approved May 31, 1870. I further demand that my ballot be counted and returned for 
the several candidates named thereon, as provided by said act. 

ROSAMOND + THOMAS, 
mark. 

[Ballots attaelied.] 

HeguJar national repnhliean ticket— election Xoremher 4, 1872. 
For President, General U. S. Grant. For Vice-President, Henry Wilson. 

4 

Presidential electors. 

At large— M. F. Bonzano, Jules Lanahere, Charles E. Halstead. First district. L. C. 
Roudanex; second district, A. K. Johnson ; third district, Milton Morris; fourth dis- 
trict, Joseph Taylor; fifth district, John Ray. 

Slate ticket — election Xoremher 4, 1872. 

For governor, William Pitt Kellogg. Lieutenant-governor, C. C. Antoiiie. For 
auditor of public accounts, Charles Clinton. Secretary of state, P. (J. Deslondo. 
Attorney-gcuieral, A. P. Field. Superintendent public education, \V. G. Brown. Con- 
gress at large, P. B. S. Piuchbaek. For Forty-third Congress, second district, L. A. 
Sheldon. General asseml)ly— senator fourth district, 1). J. Hutchinson: house of rep- 
resentatives, tenth and eleventh wards, Partle Payne, W. H. Decker, R. K. Davis. 

Parish ticket, Orleans Parish, 

Civil sheriff, C. S. Sanvinet; criminal sheriff, J. L. Herwig. District attorney, F. G* 
Chamberlain. District judges— First district court, M. A. Dooley ; second district 
court, S. Belden; third district court, E. Meunier; fourth district court. B. L. Lynch; 
fifth district court. J. W. Gurlcv; sixth district court, Alfie<l Shaw; ,'^eventh district 
court, Samuel R. Walker; eighth district court, H. C. Dibble. Clerks of courts— hrst 
district court, A. F. Lvnd; .second district court. F. Pace, jr.; third district court, 
Charles A. Bacpiie; fourth district court, Edward De Blois; fifth district court, Joseph 



308 CONDITION OF AFFAIRS IN LOUISIANA. 

Presas; sixth district court, John Kaiser; seventh district court, J. 0. Laiucz; oijjhth 
district court, Thomas Lynne. Coroner for first, founh, fifth, and sixth districts, Pat- 
rick Cn-ajih. Sixth justice of the peace, Henry Ballard. Constable sixth justice court^ 
Henry Jackson. 

City of Xeic Orleans mitiiicijHil ticlTt. 

^Mayor, W. R. Fish. Aduiiuistrator of finance, Felix Labatut. Administrator of 
police, C. J. Adolph. Adnnnistrator of improvements, James Lewi.s. Administrator 
of connnerce. C. W. Kin<;<,'old. Administrator of jinblic accounts, S. D. Moody. Ad- 
ministrator of assessments, T. Lilienthal. Administrator of water-works, P. Coyle. 

(Signatures of two witnesses who are cognizant of the truth of the affidavit. ) 

Subscribed and sworn to this 4th day of November, 1872, before me. 

R. H. SHANNON, 

United States Commissioner. 

Parish of Ori-kans, Louisiana, Xorcmler 4, 1872. 
I certify that I was at the polling-place above mentioned on the day of election, 
November 4, 1872, and that the statement of Rosamond Thomas above subscribed to is 
true in every particular. 



United States Supervisor of Election at saidj^oU. 



EXHIBIT 3.— (Filed with bill.) 

Note. — If the supervisor of registration fails to register a duly qualified applicant as a voter, the 
followiiij;; blank atiiilavit must be made : 

State of Louisiana, Parish of Rajiides : 

On the 3d day of September, ld72, 1, Sam Brown, presented myself at the office of J. 
G. P. Hooe, supervisor of registration for the parish of Rai)ides, located at Alexandria, 
in said parish, of the opening and establisliiiK^nt of which notice had been given by 
the said ofilicier, and during the legally established office hours, and offered and was 
prepared to ])erform all acts and to take all oaths by the laws made prerecpiisite to enti- 
tle me to registration as a voter, and was wrongfully prevented from obtaining. regis- 
tration by said supervisor of registration. 

I fnither state that I am a citizen of the State, and for more than ten days a resi- 
dent of the said jiarish of Rapides, and am in all things lawfully qualified and eiititled 
to vote in said parish. 

Signed and sworn to, in presence of Georsre Y. Kelso and H. J. Wright. 

his 
SAM X BROWN, 
mark. 

Subscribed and sworn to this 4th day of November, 1872, before me. 

THOMAS J. SEVERS, J. P. 

• 
Memorandum. — The fcirpgoing being executed, the voter will present this whole paper to tlie comniis- 
.siotiers of elertion, on tic day of election, and otTcr to vote in coniiiliance witli the provi.sions of the 
ilaw below «ite<d. If refii.sed his vote he \\\\\ exi iiiti- the following athdavit. and deposit this entire pa- 
per witli the United .States supervisor of election— retaining a copy — who will return to V. A. Wooltley, 
chief supervisor. 

Static of Loiikiana, Parish of Hapides : 

On the 4th day of November, 1872, I, Sam Brown, a duly qualified voter, in the ])ar- 
ish of Rai>id(s, iire-sented myself at the polling-i)la(e located at Alexandria, Rai»ides, 
-in said jiarish, which had been designated by the suptMvisor of registration as a poll, 
,and claimed the right to vote njton the foregoing evidence of having offered to do all 
.^cts prerecjuisite to entitle me to register as a voter in said parish, and of having been 
refused, denied, or unal)le to obtain registration by J. G. P. Hooe, supervisor of regis- 
.tratioj). 

I further state that I offered to the commissioner of election at said poll for deposit 
in the ballot-box the ballot hereunto att.-iclied, and said commissicnier refused to re- 
' ceive said ballot, and illegally and wrongfully prevented the ballot attached from be- 
ing ])1aced in the ballot-box and connti'd, to flu' denial of my right as a citizen and 
legal voter. I fnrtlier demand, under the provisions of the act of Congress, entitled 
"An act to enforce the rights of citizens of the United States to vote in the sev.-ral 
States of this ITnion, and for other ])urposes," approved May 31, 1870, that my ballot 
be counted and returned for the several candidates named thereon, as i)rovided by 
said act. 



CONDITION OF AFFAIRS IN LOUISIANA. 309 

[Ballot attaclied.] 

BcguJar vatiointl rcptihlican ticket — ejection yocember 4, 1872. 

For President, Geueral U. S. Grant. For Vice-President, Henry Wilson. 

Presidential electors. 

At laro;e, M. F. Bonzano, Snles Lannbcre, Charles E. Halstead. First district. L. 
C. Koiidanez. Second district, A. K. .Johnson. Third district, Milton Morris. Fourth 
district, Joseph Taylor, Fifth district, John Kay. 

State ticket — election November 4, 1872. 

For p;overnor, William Pitt Kellotjg. Lieutenant-governor, C. C. Antoine. For 
auditor of public accounts, Charles Clintou. Secretary of state, P. G. Di'slonde. At- 
torney-general, A. P. Field. Superintendent public education, W. G. Brown. Con- 
gress at large, P. B. S. Pinchback. Forty-second Congiess, short term, Harry Lott. 
For Forty-third Congress, Samuel Peters. For district judge, ninth judicial district, 
John Osborn. For district attorney, N. A. Robinson. For senator, twenty-third sen- 
atorial district, George Y. Kelso. 

rarish ticket, Rapides Parish. 

Parish judge, C. V. Ledoux. Sheriff, .John DeLacey. Recorder, V. M. Porter. 
Coroner, W. H. Shadburu. Clerk of court, William Hustmeyre. House of represen- 
tatives, Joseph Conuaughton, Henry Worthy, John Mayon. Police jurors: First, 
.John Clements; second, William Kelso; third, T. G. Compton ; fourth, Jesse Clifton; 
lifth, M. C. Barbee. Justice of the peace: Alexandria, T. .J. Severns; Cotile, Louis 
Gohlnian ; Pineville, W^. L. Gray; Rapides, Henry King ; Lamonrie, Dawson Allen; 
S[)ring Hill, Robert Duke; Cheney ville, Jesse Ford. For constables: Pineviile, Jacob 
Kennedy; Rapides, Jack .Josiah ; Cotile, John Jackson; Lamourie, Ctesar Morgan; 
Spring Hill, Turner Wiggins; Cheney ville, David Jones. 

SAM X BROWN. 

iiuiik. 

Signatures of two witnesses ■who are cognizant of the truth of affidavit. 

L. J. KENNI^DY. 
CARTER CARR. 

Subscribed and sworn to, this 4th day of November, 1872, before me. 

THOMAS J. SEVERNS, J. P. 

Pahish of Rapides, Xovemhcr 4, 1872. 

I certify that I was at the polling-place above mentioned on the day of election, 
November 4, 1872, and that the statement of Sam Brown, above subscribed to, is true 
in every particular. 

J. W. PORTER, 
United States Supervisor of Election at said poll. 

AN ACT to enforce the rights of citizens of the United States to vote in the Beveral States of this Union, 
and foi other purposes. — Approved May '.il, 1870. 

* * # # Sf •» * 

Section 3. That whenever, l)y or under the authority of the constitution or laws of 
any State, or the laws of anj* Territory, an act is or shall be required to be done by 
any citizen as prerequisite to qualify or entitle him to vote, the offer of any such citizen 
to perform the act required to be done as aforesaid shall, if it fail to be carried into 
execution by reason of the wrongful act or omission aforesaid of the person or officer 
charged with the duty of receiving or permitting such performance or offer to perform, 
or acting thereon, be deemed and held as a ])erformance in law of such act, and the 
person so offering and failing as aforesaid, and being otherwise qualified, shall be en- 
titled to vote in the same manner and to the same extent as if he had in fact ])erformed 
such act ; and any judge, inspector, or other officer of election, whose duty it is or shall 
be to receive, count, certify, registt-r, re])ort, or give effect to the vote of any sucli citi- 
zen, who shall wrongfully refuse or omit to receive, count, certify, register, rejxjrt, or 
give effect to the vote of such citizen, upon tin; presentation by him of his aflidavit, 
stating such offer and the time and place thereof, and the name of the officer or person 
whosft duty it was to act thereon, aiul that he was wrongfully lux-vented by such 
person or officer from performing such act, shall, for any such oli'ense, forfeit and pay 



310 CONDITION OF AFFAIRS IN LOUISIANA. 

the Sinn offtoOO to the person aggrieved therehy, to be recovered l»y an action on the 
case, with lull costs, and sncli allowance for connsel fees as the conrt slmll (h-eni just, 
and shall also, for eveiy snch otlense, he guilty of a misdemeanor, and shall, on con- 
viction thereof, he fined not less than s50(), or be imprisoned not less than one mouth 
and not more than one year, or both, at the discretion of the conrt. 

* *• # # * ■» # 

Sec. fi. That the district courts of the United States, within their respective districts, 
shall have, exclusively of the courts of the several States, cognizance of all crimes and 
olfensfs committi'd against the provisions of this act, and also concurrently with the 
circuit courts of the United States, o all causes, civil and crimiual, arising under this 
act, except as herein otherwise i)rovided, and the jnrisdictiou hereby conferred shall 
be exercised in conformity with the laws and practici- governing United States courts; 
and all crimes and olfenses committed against the provisions of this act may be ]iro.se- 
cuted by the indictment of a grand jury, or, in cases of crimes and olfenses not infamous, 
the prosecution may be either by indictment or iufornnition hied by the district attor- 
ney in :i court having jurisdiction. 

* » # . * *■ » * 

Skc. 23. That whenever any person shall be defeated or deprived of his election to 
any office, except elector of President or Vice-President, Representative or Delegate in 
Congress, or member of a State legislature, by reason of the denial to any citizen or 
citizens who shall offer to vote of the right to vote on account of race, color, or pre- 
vious i,-(»ndition of servitude, his right to hold and enjoy such office, and the emolu- 
ments thereof, shall not be impaired l)y such denial; and snch person may bring any 
ap])ropriate suit or }uoceeding to recover jjossi'ssion of such office; and in cases where 
it shall .-iijpear that the sole; (luestion toucliing the title to such office arises out of the 
denial of the right to vote to citizens who so offered to vote on account of race, color, 
or previous condition of servitude, snch suit or proceedings may he ilistituted in the 
circuit or district court of the United States of the circuit or distriet in which snch 
person resides. And said circuit or district conrt shall have, concurrently with the 
State courts, jurisdiction thereof, so far as to determine the rights of the partU'S to^ 
such office by reason of the denial of the right guaranteed by the hftecnth article of 
amendment of the Constitution of the United States, and secured by this act. 



Exhibit 4. — (Filed with bill.) 

XorK. — If, afli-r any person Ims been registered, the supervisor wrongfully strikes the name of sncli person 
from tfie refriitration 'ist. or if, tor any other reason, the vote of a dnly qiialitied voter is refused, fill otU the 
foilowinff affidavit, and deliver same to United States supervisor of the polt v\-here the vote was refused, who 
will return siiuie to F. A. AVooltiey, chief supervisor : 

Statk oi" Louisiana, Parish of Orleans, Seventh Ward : 

On the 4th day of November, 187'2, I, Eugene Charles, a dnly qualified voter in the 
parish of Orleans, .seventh ward, presented myself at the polling-place located at 
Frenchman, Seventh ward, in said parish, which had been desigmited by the super- 
vi.sor of registration as a p(dl, and claimed the right to vote; that I exliil>ited to the 
commissioner of election at said poll a certificate of registration furnished me during 
the registration of 1870, a cojiy of which is attached, showing me to be entitled to vote 
in the aforesaid parish; that the comnii.ssioners alleged that my name did not appear 
upon the registration list. 

KOTE.— Or if the voter has lost Iiis certificate, here statu the fact, piviiij; tlie year it was issued. 

I further state that I offered to the commissioners of election at said poll for deposit 
in the ballot-box the ballot hereunto attached, and said conunissicuiers refused to 
receive said ballot and illegally and wrongfully i)rcvented the ballot attached from 
being placed in the ballot box and counted, to the denial of my rights as a citizen and 
legal voter. I further dennind under the jirovisions of the act of Congress entitled 
"An act to enforce the rights of citizens of the United States to vote in the several 
States of this Union, and for other pnri)oses," approved >|ay 'M, 1870, that my ballot 
he counted and returned for the several candidates named thereon, as provided by 
said act. 

[Ballot attached.] 

ItCf/Klar national rcpnhlican ticket — election Xorcmher 4, 1872. 

For Presideut, Generi.l U. S. Grant. For Vice-President, Henry Wilson. 

I're.siden tial electom. 

At largt — M. F. Bonzano. Jules Lanabere, Charles E. Halsfead. First district, 
L. C. Rouilanez; second district, A. K. .lohnson ; third district, Milton Morris; fourth 
district, Joseph Taylor; hfth district, John Ray. 



CONDITION OF AFFAIRS IN LOUISIANA. 311 

State ticket. 

For governor, William Pitt Kollofjs'. Lieutenant-governor, C. C. Antoine. For 
auditor jiublie aceontits, Churk's Clinton. Secretary of state, P. G. Deslonde. 
Attorney-general, A. P. Field. Superintendent public education, W. G. Brown. 
Congress at large, P. B. S. Piuclihaek. For forty-tliird Congress, first district, J. H. 
Sypiier. General assembly, tJiird senatoiial district, J. A. Massicot; hou!?6 of represent- 
atives, Seventh ward, L. S. Kodrignez, John Barrow. 

rarifsh ticket, Orleans j^arish. 

Civil sheriff, C. S. Sauvinet. Criminal sheriff, J. L. Herwig. District attorney, F. G. 
Chamberlain. District judges: first district court, M. A. Dooley; second district 
court, S. Belden; third district court, E. Meunier; fourth district court, B. L. Lynch; 
fifth district court, ,J. \V. Gurley; sixth district court, Alfred Shaw; seventh district 
court, Sanuu'l R. Walker; eighth district court, H. C. Dibble. Clerks of courts: first 
district court, A. F. Lynd ; second district court, F. Pace, jr.; third district court, 
Charles A. Baquie; fourtii district court, Edward DeBlois ; fifth district court, Joseph 
Presas; sixth district court, John Kaiser; seventh district court, J. O. Lainez; eighth 
district court, Thomas Lynne. Coi-oner, second and third districts, A. Cagnolatti. 
Fourth justice of the peace, Fred Toebelmanu. Constable, fourth justice's court, 
Jules Gomez. 

City o/jVt'ii' Orleans, municipal ticket. 

Mayor, W^ R. Fish. Administrator'of finance, Felix Labatut. Administrator of police, 
C. J. Adolph. Administrator of improvements, James Lewis. Administrator of 
commerce, C. W. Ringgold. Administrator of public accounts, S. D. Moody. 
Administrator of assessments, T. Lilienthal. Administrator of water-works, P. Coyle. 

his 
EUGENE y, CHARLES. 
mark. 
Attest : F. A. W., 

Derbigney, between Saint Bernard and streets. Inquire of John Langhouse, 

Seventh ward. 

(Signatures of two witnesses who are cognizant of the truth of the affidavit.) 

Subscribed and sworn to this 4th day of November, 1872, before nie. 

F. A. WOOLFLEY, 
United States Commissioner. 

Paiush of Orleans, Seventh Ward, Xoremher 4, 1872. 
I certify that I was at the polling-place above mentioned on the day of election, 
November 4, 1H72, and that the statement of Eugene Charles, above subscribed to, is 
true in every particular. 



United States Supervisor of Election at said Poll. 



United States circuit court — lu equity. 

William Pitt Kellogg ) 

vs. [ No. G830. 

Henry C. Warmoth et al. ) 

Filed December G, 1S72. 

OPINION OF THE COURT. 

This application comes before me under a bill to preserve evidence to 
enable the complainant to prosecute a suit at law. Tliis'bill is well- 
known to courts of chancery, and is founded upon the statute, being 
chapter 104 of the second session of the Forty-tirst Congress, sixteenth 
Statutes at Large, page 140, entitled "An act to enforce the rights of citi- 



312 CONDITION OF AFFAIRS IN LOUISIANA. 

zeiis of the United States to vote in the several States of tliis Union, 
aiul for other purposes," an<l upon the aiueudnient U.) the same, beiiij;' 
chapter ninety-nine of the third session of tlie same Congress, sixteenth 
Statutes at Large, page 433. Section one of the first act cited provides 
as follows : 

Tliat all citizens of the United States who are or shall he otherwise qualified liy law 
to vote at any election by the peofjle in any State, Territory, district, county, city, 
])arish. township, school-district, municiitality, or other territorial subdivision, shall be 
entitled and allowed to vote at all sncli elections witiiont distinction of race, coh)r, or 
jirevions condition of servitude, any constitution, law, custom, usa;j;e, or re<;ulatiou of 
any State or Territory, by or under its authority, to the contrary notwithstaudinj^. 

Section three of the same act provides : 

That whenever, by ov under the authority of laws of any State, or the laws of any 
Territory, any act is or shall be required to be done by any citizen as a i)rere(|uisite to 
<iualify or entitle him to vote, the otter of any such citizen to perform the act reiiuired 
to be (lone as aforesaid shall, if it fail to be carried into execution by reason of the 
Avronjiful act or omission aforesaid of tho person or oflicer charged with the duty of 
receiving or permitting such performance or oli'er to jterform, or acting therein, be 
deenu'd and held as a performance in law of sncU act. And the person so ottering and 
failing as aforesaid, being otherwise qualified, shall be entitled to vote in the sanie 
manner and in the same extent as if he had in fact performed such act. 

Section twenty-three provides as follows: 

That whene\er any person shall be defeated or dei)rived of his elect ion to any office except 
elector of President oi Vice-President, Kepresentative or Delegate in Congress, or mem- 
ber of a State legislature, by reason of the d nial to any citizen or citizens who shall 
ofier to vote, of the right to vote, on account of race, color, or previous condition of 
servitude, his right to hold and enjoy any snch office and the emoluments thereof shall 
not be impaired by such denial. 

And section fifteen of the amending act provides as follows : 

That the .pirisdiction of the circuit court of the United States shall extend to all cases 
in law or ef[nity arising under the luovisions of this act. or the act hereby amended, 
and if any person shall rect-ive any injury to his person or pnqjerty for or on account 
of any act by him done, under any of tiie iirovisions of this act or tlie act hereby 
amended, he shall be entitled to maintain a suit for damages thereof in the circuit 
court of the United States, iu the district wherein the party doing the injury may re- 
side or shall be found. 

These two acts were passed by Congress to enforce the provisions of 
the Constitution of the United States known as tlie fifteenth amendment, 
(IG Statut(!S at Large, page 1131,) which reads as follows : 

The right of citizens of the United States to vote shall not be denied or abridged by 
the Uniteil States, or by any State, on account of race, color, or previous condition of 
servitude. 

Skc. 2. The Congress shall have power to enforce this article by a])propriate legis- 
lation. 

The whole matter involved in the discussion, which has occupied more 
than a week before me, has bi'en jirescuted on both sides with such 
ability, research, and fullness that I feel greatly indebted to the solici- 
tors of both the (•omi)lainant and tlu' respondents for the aid which they 
have rendered in enabling me to come to an early decision. 

The first (piestion to be solved is, are. the ac;ts referred to constitu- 
tional ? Do they fall within the appropriate legft<lation authorizeil and 
impo.si'd as a duty upon Congress by the second section of the amend- 
ment ? To solve this cpiestion we must look to the object propo.sed to 
be atti'.ined by the amendment. It was to i)rotect all citizens of the 
United States, including the recently emanci))ated and enfranchised 
colored citizens, in the full and free exerci.se of the rjght to vote. Niue 
years previous to the adoption of the amendment, and the enactment of 
the statutes i)assed to inlorce the same, four millions of those who now 
constitute the areat bodv of the citizens of the United States were 



CONDITION OF AFFAIRS IN LOUISIANA. 313 

slaves. It is not necessary here to repeat the history of shivery in this 
country ; how it was, and continued to be, from the very foundation of 
our Government, a source of internal disquiet, increasing year by year, 
until it culminated in a most bitter and devastating- civil war. The 
result of that war was the emancipation and enfranchisement of four 
millions of people, who thus ])assed rapidly from a state of bondage to 
the possession of all the civil and political rights of citizens of the United 
States. It was impossible that so large a body of people should be suf- 
fered to remain exposed to the assaults of the prejudi(;e naturally grow- 
ing out of their former condition without securing to them, through con- 
gressional legislation, a free and perfect use of the vote wliicli the fif- 
teenth amendment gave to them as a shield and a sword of protection 
for their persons, their liberties, and their property. 

Congress has legislated and given us the acts referred to as the means 
most a])propriate for effecting the object proposed. These acts have 
been highly eulogized by the solicitors on both sides, and they seem to 
me to be most wise and in the highest sense appropriate. It is to be 
remarked that the fifteenth amendment is most broad in its com})reheu- 
siveuess. . Though called into existence in order to protect the freedman, 
it protects as well all other citizens, both native and foreign. It would 
])rotect the foreigner who had become a citizen should another Know- 
Nothing excitement agitate the nation, and it would protect the native- 
born should the foreign-born citizen ever gain in any State or locality 
an ascendency, and attempt to use that ascendency opi)ressively. The 
same may be said of the acts of Congress to give practical elfect to the 
amendment. The provision of the Constitution that no State shall pass 
a law impairing the obligations of contracts needed no legislation to eu- 
force it, beyond giving the right of review in the Supreme Court of the 
United States to the party feeling himself aggrieved ; but in the case of 
the fifteenth amendment, the helplessness of the party to be protected 
rendered a larger and peculiar jurisdiction necessary. 

Congress, then, in the acts under consideration, threw around all classes 
of citizens these effective laws, and secured obedience thereto — first, by 
criminal punishment; second, by clothing the candidate of the voter with 
the right to prevent or redress the wrong attempted or peipetrated upon 
the vote by an appropiiate civil action. Now, what are the grievances set 
forth in this case? What are the allegations made in the bill ? They 
are that 10,000 citizens of this State have been, on account of race, 
color, and previous condition, de]uived of registration, and after due 
proffer of the right to vote, and that that 10,000 votes, which were in 
fact cast for the complainant for the oftice of governor, have been, or 
are about to be, supi)ressed by an illegally-constituted board of returning- 
officers, and that without the interference of this court these votes, 
both those refused and those cast, which ought to be counted for the 
complainant, will be lost to him, and that thereb}' he will be defeated 
for said ottice. 

These allegations are supported by upward of four thousand afiBdavits 
of the actual voters. The chief defendant, namely, II. C. Warmoth, 
meets this weight of testimony solely by his answer and affidavit; and 
certain acts done by him since the canvass commenced force upon my 
mind the belief that his defense rests upon no solid foundation. The 
further allegation is made that the board of canvassers, legally consti- 
tuted, are dei)rive(J by this respondent of the proj)er returns, with the 
view to deprive the citizens of the right to vote. In other words, that 
the respondent has prevented a fair canvass of the votes by impeding 



dl4 CONDITION OF AFFAIRS IN LOUISIANA. 

the le^'al board and sottinj? up an illegal board. This leads nie to con- 
sider the tacts with reference to these two boards. 

By an act of the State legislature of jNIarch 16, 1870, the board of re- 
turiiing otiticers was made to consist of the governor, lieutenant-g'ov- 
ernor, secretary of state, Mr. Lynch, and Mr. Anderson. Tlie lieutenant- 
governor and yiv. Anderson being disijualitied on account of having 
been candidates, the governor. Lynch, and Herron, as a majority of the 
board, met to till vacancies. The governor attempted to i'enu)ve Her- 
ron, who was certainly de facto secretary of state, who seems to have 
some sort of judgment in his favor against Bovee, the elected secretary 
of state, who has for a long i)eriod attested all the statutes of the State, 
and who, without going into liis title to the office as against Bovee, was 
the defurto officer clotluMl with snliicient authority to act as one of the 
board. The attiMupt to remove Herron I dismiss with the renuirk that 
if all the governor alleges against him had been true, it could have l)een 
established only by Judicial inquiry, and gave the governor no right to 
disi)lace him. Herron and Lynch, i)y a majority vote, filled the vacancies 
by electing Hawkins and General Longstreet, and these four, together 
with the governor, are clearly the legal board of returniug-otficers. 
Wharton's vote goes for nothing, as hene\'er had any legal status in the 
board, and with him necessarily fall out Da Ponte and Hatch. Thus 
it a])pears that the board which we will call the Herron board, in con- 
tradistinction to the Wharton board, Is the board whiidi this court feels 
bound to recognize as having been the legal board at the tinu' this suit was 
commenced. And this brings me to in(piire as to the effect of the ap- 
proval by the governor of the act of November 20, 1872. The only ques- 
tion before me at this stage of the case connected with the effect of that 
approval is, did it (change in any way the legal status of the Herron 
board? The acit contained a repealing clause, and since it covered the 
whole snlijetit of the election, and the election cannot be said to be com- 
plete until the final counting is concluded, I was at first startled l)y w.hat 
seemed to me to be the logical inferen(;e of some of the authorities cited 
by the learned soli(!itors of the respondents, that if the act of 1870 was 
at that time rei)eale(l, it might vitiate the whole election. But it is not 
necessary for me to pass upon the question, for, giving the act of Novem- 
ber 20 all the force of law, still the Herron returning-board must con- 
tinue to discharge their duties until their suc<'essors are inducted into 
oftice. Article 122 of the State constitution of 18(58 reads thus : 

Art. 12-. All oHicfirs shall continue to discliargo the duties of their offices until their 
successors shall have been inducted into office, except in cases of inipeacluncnt or sus- 
pension. 

Indeed, the Herron board must finish the canvass of the votes, or a 
new legislature cannot be legally organized so as to create a board of 
canvassers in accordance with sections two and forty four of the law of 
the 20th of November, 1872. 

Sec. 2. Be it fnrlher enacted, c^c, That five person.s, to Ijo oloctod by tho senato from 
all political parties, shall be the rcturuiiij.f-othc('rs for all elections in the State, a ma- 
jority of whom shall constitute a (luoruin. and hav(^ ]«)\ver to make the r(>tnrns of all 
elections. In case'of any vacancy by der.tli, n'sinnation, or otiicrwisc, by citlier of the 
board, then the vacancy shall be tilled by the residue of tlie board of returnin^-nrticers. 
The riiturninij-olHcers shall, after each election, before entering on tlieir dniies, take 
and subscribe to the following oath before a judge of the supreme or any district 
court : 

I, A. IJ., do .solemnly swear (or aflfirui) that I will faithfully ;uid diligently perform 
the duties of a returning-officer as prescribed by law ; that I will carefully and honestly 
canva.ss and compile the statements of the votes, aucl make a true aiul corroot return of 
the election : so lielp me God. 

\Vithiu ten daysjiftcr the closing of the election said returning-officers shall meet in 



CONDITION OF AFFAIRS IN LOUISIANA. 315 

New Orleans to canvass and compile tlie statement of votes made by the commissioners 
of election, and make letnrns of TJie election to the secretary of state. Tliey shall con- 
tinue in session until such returns have been ouuiiiled. The presiding officer shall at such 
meeting open, in tlu^ presence of the said return in o-ofticers, the statement of the com- 
missioners of election, and the said returning-ofiicers shall, from said statements, can- 
vass and compile the returns of the election in duplicate ; one copy of such returns they 
shall tile in the office of the secretary of state, and of one copy they shall inake public 
liroclamation by ])rinting in the official journal and such other newspapers as they may 
deem proper, declaring the names of all persons and officers voted for, the number of 
votes for each person, and the nan.ies of the persons who have been duly and lawfully 
elected. The leturn of the election thus made and promulgated shall be pr'ma-facie 
evidence in all courts of justice and before all civil officers until set aside after a con- 
test, according to law, of'tlie riglit of any person named therein to hold and exercise 
the office to which he shall by such return' be declared elected. The governor shall, 
■within thirty days thereafter, issue commissions to all officers thus declared elected, 
who are reiiuired by law to be commissioned. 

Skc. 44. Z>ci7//n-^/)f'rc«rtc/erf,4r.,. That it shall be the duty of the secretary of state to trans- 
mit to the' clerk of the house of representatives and the secretary of the senate of the last 
general assembly a list of the nanu^s of such persons as, according to the returns, shall 
have been elected to either branch of the gtMieral assembly ; and it sliall be the duty of the 
said clerk and secretary to ])lace the uanuis of the representatives and senators elect so 
furnished niK)n the roll of the house and of the senate, respectively; and those repre- 
sentatives and senators whose names are so placed by the clerk and secretary, res])ec- 
tively, in accordance with the foregoing provisions, and none other, shall be competent 
to organize the house of representatives or senate. Nothing in this act shall be con- 
strued to conflict with article thirty-four of the constitution of the State. 

I see, therefore, no way of avoiding the conclusion that, in any view of 
the case, the Ilerron board of letnrning-ofiicers are still authorized to 
continue their duties, and are still entitled to the protection of the 
court. 

The cf)urt keeps within the acts of Congress and the fifteenth amend- 
ment. It does not pretend in any way to make a governor of the State, 
or in any degree to interfere with the voice of the people exi)ressetl 
through the ballot-box. WLat it does is to aid in making known the 
voice of the people, in accordanc^e with sections three and twenty-three 
of the act of Congress, and with section fifteen of the amendment 
thereto, and in its action is only a clearly needed adjunct of the legal 
returning-board. Many propositions were discussed during the argu- 
ment which it is not necessary for me to now pass upon. It is enough 
that I find the statute constitutional; that the court has jurisdiction, 
and that the board of returning-otticers, composed of H. C. Warmoth 
and Messrs. Hawkins, Lyncli, Longstreet, and Plerrou, are the legal 
board, and as such entitled to the protection of this court. 
■ As to the question of the ineligibility of the complainant in the bill to 
the othce of governor, this question cannot arise under the bill, and 
could only come before this court in a direct action at law to test the 
title to the office. It is not, therefore, necessary or proper for me to de- 
cide it now ; but were it otlierwise, I would say that the reason of the 
thing seems to favor his eligibility, the object ot the provision of the 
constitution being to prevent a man serving two masters and having a 
divided allegiance. And the fact that, contemporaneously with the 
adoption of the constitution which first contained this provision, the 
then territorial governor was by the then constitutional convention 
made governor of the State provisionally, and at the ensuing election 
made by the people the first governor of the State, would seem to indi- 
cate that the meaning of the inhibition was understood to be as I above 
stated. 

It only remains for me now to make the following order : 



316 CONDITION OF AFFAIRS IN LOUISIANA. 

Circuit court of the United States, district of Louisiana, in equity. 

Wm. Pitt Kellogg, complainant, "} 

I 
Henry C AVAinioxii, Jack Wharton. ! Xo. 0830. — Order en- 
Frank II. Ilatcli, Durant Da Ponte, an<l John {. tered December 6, 1872. 
]M<'.Euery, andThe Xew Orleans Kepublican | 
Printing" Comiiany, defendants. ] 

This ciuise having come on for hearing; on the coniphiinant's motion 
for writs of injuut-tion pendcnie lite, and for other interlo(;utory orders 
prayed for in coniphiinjint's bill and amended bill of coni])Iaint, and the 
court havinjj; considered the pleadings, affidavits, and exhibits tiled in 
the cause, and having heard counsel as well for the coniphiiiiant as for 
said defendants, and the court having considered the premises,. 

It is oi'dered — 

That tile said defendant, TIenry C. Warmoth, during the pendency of 
this cause, be, and he hereby is, until the lurtlier order of this court, 
enjoined, inhibited, and restrained from in any manner, either directly 
or in<lire('tly, considering or preten<ling to consider, or canvass any 
statement, certificate, or return of any supervisor or assistant supervisor 
of registration, or any office, having any duties to jterform about or con- 
cerning an election held on the fourth day of November, A. I). 1872, in 
th<^ State of Louisiana, or relating to any votes or ballots cast at said 
election, except in the presence of John Lynch, Jacob Hawkins, James 
Longstreet, and George E. Bovee, a board of returning-otticers for said 
election; and that he do further desist and refrain from submitting or 
allowing t() be submitted, or from aiding or assi^sting in the submission 
to the defendants Frank Hatch, Jack Wharton, Durant Da Ponte, or 
any other person or i)ersons whatsoever, other than the said Hawkins, 
Bovee, Lynch, and Longstreet, any paper, document, affidavit, statement 
of vot<'S, return of officers of electimi, or other proof in any manner 
relating to said election, and from allowing any other person or persons 
■whatsoever, other than those in this order excepted, whether pretending 
to act as returning otlicers, or in any other capacity, to inspect, consider, 
have access to, (ianvass, or tamper with any [)ai)er, document, aflidavit, 
statement of votes, returns or written |)roof relating to said eli'ction or 
to the fairness and correctness thereof, that may have lieretofore.or may 
Lereaiter come into his hands or i)ossession, and which, by la\^', should 
proi)eily be laid before, submitted to, or considered by such retui-ning- 
officers of election in making a canvass thereof. And that tlie said de- 
fendant, H. 0. Warmoth, be fui'ther enjoined ami inhibited frouj alter- 
ing, suppressing, mutilating, destroying, or secreting any such docu- 
ment, proof, or paper. Ancltliat he further desist and be enjoined from 
in any manner intertering with, obstructing, or hindering the said Lynch, 
Ijongstreet, Bovee, and Hawkins, or eitiier of them, from full and com- 
l)lete access to, as well as custody of, all such documents, papers, and 
l)roofs relating to said election, as he may or shall have in his posses- 
sion, custody, or control, or as they shall or may dennind, either by re- 
fusing to deliver such documents or proofs to them, or either of tlu'm, 
or by any suit or proceeding instituted with the intent to hinder, delay, 
or obstruct them in the performance of their duty as returiiing-ofticers. 
And that he be Inrther restrained an<l enjoin.ed from issuing commis- 
sions to any persons based upon any calculation, deduction, or i)retended 
canvass of ballots cast at said election, or make, })ublish, sign, or deposit 
in the office of the secretary of state, or in any other public olUce, or 



CONDITION OF AFFAIRS IN LOUISIANA. 317 

cause to be so deposited, anydociiinent, statement of ])ersoiJS elected to 
any offices or positions of trust at said election, and from j;ivin.i;" any 
effect to the same if already filed and deposited, unless the same be 
with the concurrent action and lawfully j^iven consent of the said Lynch, 
Ha\\kins, Bovee, and Longstreet, or a majority thereof, or of a sullicient 
number of them to constitute a mait)rity of a board of returuing-oliicers, 
actin«' as such returniu,i;-officers. 

And it is further ordered that the said defendants Jack Wharton, 
Frank H. Hatch, Durant Da Ponte, and the ]Se\v Orleans Republican 
Printing Company, until the final hearing- of this cause, or until the 
further order of the court, be severally and respectively enjoined and re- 
strained to the same extent, effect, and manner as said complainant has 
in his said bill of complaint prayed they may severally and respectively 
be restrained. And that writs of injunction in due form of law issue 
against the said defendants, in accordance with the terms of this order. 
And that the returning order heretofore issued and allowed in this 
cause coutinue in full force and effect, until the court shall otherwise 
order. 

And in order that the evidence relating to said election may be per- 
petuated and preserved, that it may be of avail upon the hearing of this 
cause, and in any cause whicdi the said complainant may hereafter be 
compelled to institute and i)rosecute to test or determine his right to the 
ottice of governor of said State, and in order that public in(;onvenience 
may iu)t result therefrom, it is further ordered that the said Henry C 
Warmoth do forthwith and without delay deliver unto the said return- 
ing-officers, John Lynch, George E. Bovee, Jacob Hawkins, and James 
Longstreet, each and every pa[)er, document, affidavit, tally-sheet, list, 
sworn statement, certificate, letter, comuumication, or proof which he 
has or may have in his possession, or which may hereafter come into 
his possession from any su{)ervisor or assistant supervisor of registra- 
tion or election, or any officer or person, commissioner or commissioners, 
in any uianner concerned in the conduct, control, inanageuient, or di- 
rection of said election, held on the fourth day of November, A. D. 
1872, in any manner relating to said election, or any voting or ballots 
cast at said election or in any manner relating thereto, in order that 
they nuiy consider, canvass, and make due return thereof, as required 
by law ; and when the same are no longer required for the i)urpose of 
said canvass, it is ordered that the said defendant, H. 0. Warmoth, do 
thereafter immediately file and deposit the same with the clerk of this 
court, there to remain until true, accurate, and complete attested copies 
thereof be made by the clerk, subject to the direction of the court. 

Injunction. — Issued December C, 1872. 

Circuit court of the United States, fifth circuit and district of Louisiana. 

Wm. Pitt Kellogg 

vs. 

Henry C. Warmoth, Jack Wharton, Frank J ^^ ^^o.. 

H. Hatch, Durant Da Ponte, John McEnery, \ ^^' ^*^"- 

and The New Orleans Republican Printing j 

Company. ] 

The President of the United States, greeting : 

Whereas it has been represented to us in our said circuit court on 
the part of William P. Kellogg, by his bill of complaint lately exhibited 



318 CONDITIOX OF AFFAIRS IX LOUISIAXA. 

against you and each of yon, toncliiiig certain matters and things 
tl.'erein set forth: 

Now, therefore, in consideration of the premises and of the allega- 
tions in said bill contained, yon, the said above-named defendants, your 
attorneys, and eai-h of you, are lierel)y commanded and strictly enjoined 
under the penalty of the law that yon absolutely refrain and desist dur- 
ing tlie pendency of tliis cause, until the further order of this court, 
from in any manner, either directly or indirectly, considering or pre- 
tending to consider, or canvass any statement, certificate, or return of 
any su{)ervisor or assistant sui)ervisor of registration, or any ot^icer luiv- 
ing any duties to perform about or (^onix-rniiig an election hehl on the 
4th day of November, 1872, in the State of Louisiana, or relating to any 
votes or ballots cast at said election, except in the {)resence of John 
Lynch, Jacob Hawkins, James Longstreet, and George E. Bovee, a 
board of return ing-ofticers for said election, or from submitting or al- 
lowing to be submitteil, or from aiding or assisting in the sul)mission to 
the said defendants, Fraidc IL Hatch, Jack Wharton, Durant Da Ponte, 
or any other person or persons whatsoever, other than the said Haw- 
kins, Bo\ee, Lynch, and Longstreet, any i)a[)er, document, atlidavit, 
statement of votes, return of officers of ekM-tion, or other proof in any 
manner relating to said election, and from allowing any other person or 
pei'sons whatsoever, other than those in tliis order excej)ted, whetlier 
l)retending to a(;t as returning-ofticers, or in any other ca[>a('ity, to in- 
spect, consider, have access to, canvass, or tamper with any pai)er, docu- 
ment, atiidavit, statement of votes, return, or written proof relating to 
said election, or to the fairness and correctness thereof, tliat may have 
heretofore or uuiy hereafter come into his hands or possession, and 
which by law should i)ro[)erly be laid before, submitted to, (»• consid- 
ered by such returning-ofticers of ele('tion in making a canvass thereof ; 
and that the said detendant H. C. Warmoth be further enjoiiu'd and 
inhibited from altering, suj)[)ressing, mutilating, destroying, or secreting 
any such document, proof, or paper. 

And that he further desist and be enjoined from in any manner inter- 
fering with,obstructiug, or hindering the said Lynch, Longstreet, Bovee, 
and Hawkins, or either of them, from full and completi? access to, as 
well as custody of, such docunu^nts, i)roof, or paper. 

And thathe further desistand be enjoined troni in any manner interfer- 
ing witii, obstructing, or hindering the said Lynch, Longstreet, Bovee, 
ami H.iwkins, or either of them, from tull and ci)m])lete access to, as 
well as cu^itody of, such documents, pa])eis, and i)roofs relating to said 
election, as he may or shall have in his possession, custody, or control, 
or as they shidl or may demand, either by refusing to deliver such doc- 
uments or proofs to them, or either of them, or by any suit or [)roceed- 
ing instituted with the intent to hinder, delay, or obstruct them in the 
l)erformance of their duty as returning-otlieers; and that he be turtlier re- 
strained and enjoiiunl Irom issuing any commissions to any persons l)ased 
upon any calculation, (ledu(;tion, or pretended canvass of ballots east at 
said election, or make, publish, sign, or deposit in the office of the se(;re- 
tary of state or in any other [»ublic ollice, or cause to be so deposited, 
any (Utcument, statement of persons (dected to any offices or positions 
of trust at said election, and from giving any eftect to the same, if al- 
ready !iled and deposited, unless the same be with the concuireut action 
and lawfully given consent of the said Lynch, Hawkins, Hovee, and 
Longstreet, or a majority thereof, or of a sufiicient -number of them to 
constitute a majority of a board of returnnig-othcers. 

And it is further ordered that the said defendants, Jack Wharton, 



CONDITION OF AFFAIRS IN LOUISIANA. 319 

Frank H. Hatch, Diiraiit Da Ponte, and the New Orleans Republican 
Printing Company, until the tinal hearing- of this cause, or until the fur- 
ther order of the court, be severally and respectively enjoined and re- 
strained to Mie same extent, efl'ect, and manner as said c<»inplainant has 
in his bill of complaint prayed they may severally and respectively be 
restrained. 

"And that writs of injunction in due form of law issue against the said 
defendants in accordance witli the terms of this order. 

And that the restraining order heretofore issued and allowed in this 
cause continue in full force and elfect until the court shall otherwise 
order. 

Witness the Honorable Salmon P. Chase, Chief Justice of the Su- 
preme Court of the United States, at the city of New Orleans, this Oth 
day of December, in the year of our Lord 1872. 

[seal. I F. A. WOOLFLEY, Clerk. 

MarsliaVs return. 

Received December 7, 1872, by the United States marshal, and on the 
same day, month, and year served the within-named persons with a 
copy of tliis injunction, as follows : On IJ. C. Warmoth, by handing the 
sanie to him in person at the Saint Charles Hotel, in this city ; Jack 
Wliarton, sanie day, month, and year, served the within injunction by 
haiuliiig the same to him in person at the Saint Cluirles Hotel, in this 
city ; on Darant Da Ponte, same day, month, and year, by handing the ^ 
same to him in person in this city; on Frank H. Hatch, sanieday,iB| 
month, and year, by handing the same to him in person in this city; on ^ 
the New Orleans Republican, December 9, 1872, by handing the same 
to W. R. Fish, president of said paper. 

C. R. STEELE, 
Deputy United States Marshal, 

United States of America, circuit court of the United States, fifth 
circuit and district of Louisiana. 

Cleek's Office : . 

I, Fiiincis A. WoolHey, clerk of the circuit court of the United States ^ 
for the fifth circuit and district of Louisiana, do hereby certify that the 
foregoing 115 pages contain and form a full, complete, true, and i)erfect 
transcri[)t of the record and |)roceedings had, excei)t entries from the 
nutnites of continuances, &e., in the case of WiUiam P. Kellogg vs. H. C. 
Warmoth et als., No. (»8;3l) of the docket, so far as the same now remain 
of recoiil or on tile in said court. 

Witness my hand and the seal of said court, at the city of New Or- 
leans, this :U\ day of January, A. D. 1873. (Nine words erased. Eight 
Avords interlined.) Ap[)roved. 

[SEAL.] F. A. AVOOLFLEY, Cleric. 






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